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Thursday November 28, 2024

Liquor shops won’t be allowed in Muslim-populated areas, SHC told

By Jamal Khurshid
January 26, 2017

The provincial government will ensure that liquor shops are allowed to run in areas which have high density of non-Muslims, the Sindh High Court was told on Wednesday.

The advocate general gave this assurance at a hearing of identical petitions against issuing wine shop licences to retailers in the Muslim- populated areas of Karachi and Thatta.

The petitioners, Irfan Ali Bikak, Bushra Ibrahim and Sharyar David, had assailed the excise and taxation department for issuing wine shop licences to retailers, saying that wine shops were being allowed to operate in Muslim-populated areas in violation of the law.

Advocate General Zameer Ghumro informed the court that the government had issued a public notice and was conducting an exercise in line of orders of the court. He submitted that the government was re-examining the entire process of issuing licences to wine shops.

Two representatives of Hindu and Christian non-governmental organizations, Saleem Michael and Atam Parkash, asked that notices be issued to churches and temples with a view to ascertaining if they needed liquor for any religious festival or function. They said they would submit a list of 10 temples and as many churches to the court. 

A division bench, headed by Chief Justice Sajjad Ali Shah, observed that while every church, temple or institution belonging to non-Muslims was entitled to file objections and attend hearings, anyone relevant to the case could also present a list of churches, temples etc. so that notices for a hearing could be issued.

One of the intervernors, Al-Haaj Mohammad Rafi, complained that wine shops were opened near mosques and schools, especially Kohistan Wine Shop in the Clifton area. The court was informed that an adjournment application had been made by the wine shop counsel, Asma Jehangir. 

The court adjourned the hearing after observing that in case the counsel for the wine shop was not able to attend the proceedings at the next date of the hearing, alternate arrangements should be made and no further adjournment would be allowed on any ground whatsoever.

The advocate general said that the government was looking at the issue afresh and would ensure the recalling and transfer of licences issued to wine shops which were in Islamic community areas or near mosques, schools or other prohibitory places. 

He said that it was to be ensured that wine shops were permitted to operate only in areas which had high density of non-Muslims. 

The court directed the advocate general to complete the exercise within two weeks and adjourned the hearing till February 14.

At a previous hearing, the high court had observed that there was no provision under Section 17 of the Prohibition (Enforcement of Hadd) Order 1979 for a legal possibility for granting general licences to liquor shops to operate throughout the year. 

The court had further stated that non-Muslims could be provided liquor only for consumption at their religious ceremonies, for which requests in advance had to be made by them with supporting evidence from their religious bodies.

Missing Pakistani crew

The Sindh High Court has directed the federal law officer to file comments on a petition seeking inquiry over the tragic death of six Pakistani crew members of a ship in Yemen and recovery of other missing crew members of Iranian ship, MV Jouya-8.

The petitioner, Ansar Burney Trust, has submitted that a cargo ship with 12 Pakistani crew members was hit by missile off the Mukha Coast in Yeman, in which six Pakistanis were reportedly killed while the others went missing. 

The petitioner submitted that in another incident, Iranian cargo ship MV Jouya-8, which had six Pakistanis on board was also missing since December 11. The petitioner’s counsel submitted that family members of the crew were not getting a positive response from government officials. 

The court was requested to direct the foreign ministry to utilise its resources to locate the missing Pakistani crew of MV Jouya-8.

The petitioner’s counsel also filed a list of crew members along with affidavits of their relatives. According to the documents the missing crew members were: Syed Anisur Rehman (captain), Mohammad Shoaib (Chief Engineer), Mohammad Ibrahim Soomro (electrician), Kabir Khadim Hussain (chief officer), Sohail Ahmed (crew member), Mohammad Hanif (filter welder) and Abdul Razak (cook).

The standing counsel sought time to file comments on the petition.

The SHC’s division bench headed by Justice Aqeel Ahmed Abbasi observed that it was expected that the matter would be taken up at the highest level by the ministries concerned, as it relates to life and liberty of citizens of the country. 

The court directed additional attorney general Salman Talibuddin to pursue the matter and assist the court on next date of hearing which was fixed on February 10.