In a big relief to the Nitish Kumar government, the Supreme Court today stayed the Patna High Court order that had struck down the Bihar government’s imposition of 'total prohibition' in the state.
The stay given by the apex court means that the ‘liquor ban’ would continue in the state for the time being.
Hearing a petition filed by the Bihar government against the Patna HC order, the apex court also issued notices to the liquor companies seeking their response in this matter.
On September 30, a division bench of the Patna High Court had deemed illegal ‘The Bihar Prohibition and Excise Bill-2016’, which came into effect on April 5.
The High Court, in its order, said that the bill violated fundamental rights envisaged under Article 14 of the Constitution.
However, just two days after the High Court quashed the order on prohibition, the Bihar government on Gandhi Jayanti came out with a new law banning liquor with harsher provisions like arrest of all adults in the event of recovery of the contraband in their house.
The state government filed an appeal in the Supreme Court claiming that as a consequence of the Patna High Court order, the state government’s efforts to bring complete prohibition, in performance of its constitutional obligations, has been frustrated.
