Shut down all liquor shops in Sindh, orders SHC

DG excise, IGP told to revoke all licences; explain how owners managed

to open shops in Muslim-populated areas

Building on a ruling against liquor shops passed last week, the Sindh High Court (SHC) on Thursday ordered the provincial excise and taxation department and the police chief to ensure that all liquor shops, locally known as wine stores, were closed down forthwith and their licences cancelled.

The direction came on identical petitions against issuance of licences to liquor shop retailers in Muslim-populated areas of Karachi and Thatta.

Petitioners Irfan Ali Bikak, Bushra Ibrahim, Shaharyar David and others had assailed the issuance of licences to retailers by the excise and taxation department, arguing that allowing liquor shops to operate in Muslim-populated areas was a clear violation of law.

Additional advocate general Barrister Mustafa Mahesar informed the court that there were 21 wholesalers of alcohol in the province, from where small retailers buy and further distribute the products after fulfilling due formalities.

He submitted that show-cause notices had been issued to liquor store owners of the province in compliance with the court’s orders. 

Representatives of Hindu, Christian and Sikh communities also appeared before the court and submitted that consumption of alcohol was not only prohibited in Islam, in fact Christianity, Hinduism and other religions also did not promote consumption of alcohol.

The petitioners further maintained that the sale of liquor in the name of ‘non-Muslims’ should be banned in the province as this would cause defamation of their religion.

The high court asked the excise department to explain whether surveys were carried out before licences were issued. The DG, however, informed the court that no such exercise was carried out.

SHC’s division bench headed by Chief Justice Sajjad Ali Shah asked the officer to explain how licences were issued without fulfilment of legal formalities.

The court directed the DG to revoke all licences of shops selling liquor in the entire province, and seal all shops with immediate effect and submit a compliance report.

The court observed that liquor shop licences should only be issued in future after ensuring that legal procedures were completely followed.

The additional advocate general of Sindh later informed the court that the DG Excise and Taxation had directed all regional directorate to seal the shops after the completion of legal formalities and close down all shops as per the direction of the court.

In a landmark ruling passed by any court, the SHC had observed that there was no provision under section 17 of the prohibition Enforcement of Hadd Order 1979, which allowed a legal possibility for granting general licences to non-Muslim liquor shop owners to operate throughout the year.

The court observed that a non-Muslim could only be provided liquor for consumption at their religious ceremonies for which request in advance have to be made by them with supporting evidence from their religious bodies.

The court had directed the general excise and taxation department to initiate the process of recalling licences granted to wine shops throughout the province that were issued  in violation of the law.

SC countrywide ban

Representatives of Hindu and Christian non-government organisations moved the Supreme Court (SC) to seek a complete ban on manufacturing and sale of wine throughout the country.

Petitioners Atam Parkash, Nadeem Sheikh and Saleem Michael submitted that SHC had ordered the excise and taxation department for initiating the process of revoking licences of shops.

They said that consumption of alcohol was also prohibited in Christianity, Hinduism and other religions.

They submitted that not just the shops but the manufacturing units and factories of wine should also be liable to be banned in the country.

They asked that the court call for a report from concerned authorities and departments regarding manufacturing of not just alcohol but other intoxicant substances as well.

They  also sought a check on the import of liquor under the garb of foreign missions and embassies.