Mumbai, Sep 11 The Bombay High Court on Friday slammed the Pune administration for banning alcohol during the 10-day Ganesh festival, asking why the district was singled out while other regions including Mumbai were spared, forcing the authorities to limit prohibition to only two days.
A bench of Chief Justice M C Tripathi and Justice Advait Sethna said earlier in the day that the court would intervene if the prohibition order was not withdrawn, as such arbitrary crackdown stigmatised Pune and its residents.
Additional government pleader Kedar Dighe informed the court subsequently that the restriction on alcohol sale and consumption would now be in force only till 4 pm on September 14, the first day of the festival, and throughout the last day on September 25 which is already a dry day.
The court accepted the statement and said the Collector shall issue a fresh order to this effect.
September 14 marks Ganesh Chaturthi when idols are installed, while September 25 is Anant Chaturdashi when immersion processions are taken out.
Associations of hotel owners and wine shop owners had moved the High Court challenging the Pune Collector's order prohibiting sale of alcohol for 10 days during the Ganesh festival.
When the petition came up for hearing in the morning, the HC asked why prohibition was imposed only in Pune, which is the most "civilised and educated city".
"What is the rationale behind choosing only Pune? We deprecate such practice. This is a stigma on Pune residents. What are you trying to portray that only people in Pune behave badly after drinking? One district you are choosing across the state," the court remarked.
It asked the government lawyer to inform if the order would be withdrawn.
The bench further said that while it understands that the authorities need to maintain law and order and avoid nuisance, a blanket order prohibiting licence holders from carrying on their trade for 10 days cannot be passed.
With such prohibition, habitual drinkers would end up with medical issues, the judges said jokingly.
"They will flood hospitals if they don't get to drink for 10 days," Chief Justice Tripathi quipped, adding that a blanket prohibition would cause a revenue loss to the state excise department.
It can not be said that every person who consumes alcohol would cause nuisance or a law and order issue, the bench said.
Meanwhile, an Excise Department official said the earlier restriction covering the entire festival period was limited to the jurisdictions of three police stations -- Khadak, Vishrambag and Faraskhana.
"The modified order will be issued after the court order is received," said Atul Kande, Superintendent of the Excise Department.
The prohibition will be applicable across Pune city on September 14 and 25, he added.
Earlier in the day, Maharashtra Congress leader Sachin Sawant had said that the 10-day prohibition was the result of gradual increase in "majoritarian politics" over the last 12 years.
The BJP, which has been in power at the Centre since 2014, has used government machinery and exerted pressure at the ground level through organisations associated with the Sangh Parivar and its workers to create an environment of majoritarianism, he said.
"A government, while taking a decision, should not consider only the sentiments of the majority community. It must ensure such a decision does not adversely affect the freedom, way of life or rights of other citizens, particularly minorities," he said.
