The Sindh High Court (SHC) on Friday directed the provincial authorities to explain under which law it had re-permitted the open sale of liquor in the province. The bench, headed by Chief Justice Sajjad Ali Shah, had taken up the case involving the issue whether the issuance of licenses for the sale of liquor was lawful after the matter was returned to it by the apex court.
Earlier on November 23, the Supreme Court had annulled the SHC's order regarding cancellation of licenses of about 124 wine shops across the province and returned the case to the SHC for rehearing the parties aggrieved at its order. The SHC bench took great exception to the revoking of the liquor licenses and observed that they were revoked illegally. The judges explained that as per Article 17 of the Prohibition (Enforcement of Hadd) Order 1979, the licenses should be issued for the sale of liquor on the ground that such liquor is required for consumption by non-Muslims as a part of their religious ceremonies.
The bench asked the Advocate General (AG) Sindh Zameer Hussain Ghumro to explain under which law, the government went so far and re-allowed the sale of liquor in Sindh. It was not the incumbent government which issued licenses in this large number but it allowed re-opening of wine shops in the wake of the apex court's order, the AG replied with a bewildered look on his face.
The judge, however, replied that since the government was taking the revenue from these shops, it was liable to answer. The chief justice remarked that liquor was being sold openly in the name of non-Muslims. The non-Muslims themselves concede before the court that they don't consume liquor.
The excise and taxation department's letter, issued to its regional directors for allowing the opening of wine shops, had quoted Ghumro as saying that since the order of the high court has been set aside, the previous position has been restored and the wine shops sealed earlier stand restored in terms of the order. There were around a dozen litigants, belonging to Muslim, Hindu, Christian and Sikh communities, against the operations of the wine shops. A lawyer representing the minorities argued that the liquor was majority sold to Muslims who were forbidden to consume it in the country's law and even in their religion.
Sardar Heera Singh, who represented the Sikh community, told the judges that wine was not permitted in his religion. 80 percent of liquor is being sold to the Muslims in the name of non-Muslims. The bench also expressed its displeasure over AG for not complying with their earlier order for convening a meeting of all religious figures of minorities to discuss the issue. The AG replied that a session of all the minorities' representatives will be convened by the provincial government within 15 days over the subject and a report will be submitted to the court. Later, the hearing was adjourned till December 9.