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SC to hear pleas against liquor vend ban on highways today

The Supreme Court on Wednesday assured states and other petitioners that it would hear tomorrow their plea seeking modification of its December…

SC to hear pleas against liquor vend ban on highways today

Chief Justice of India J S Khehar (PHOTO: FACEBOOK)

The Supreme Court on Wednesday assured states and other petitioners that it would hear tomorrow their plea seeking modification of its December 2016 order banning liquor vends within 500 metres of state and national highways across the country from 1 April.

The assurance came from the bench headed by Chief Justice J S Khehar when Attorney General Mukul Rohatgi said over 100 lawyers kept waiting yesterday for an hour with the hope that the bench, comprising Justices D Y Chandrachud and L Nageswara Rao, would assemble to hear their pleas. Rohatgi sought urgent hearing of the pleas tomorrow saying that the judgment, ordering closure of liquor vends alongside highways, will come into effect from 1 April.

"We are very sorry," the Chief Justice told Rohatgi when he submitted that despite assurance the special bench did not assemble yesterday to hear pleas seeking modification of an order banning liquor vends along highways.

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The bench headed by the CJI had yesterday assured Rohatgi, who had mentioned matters relating to the ban for urgent hearing, that the special bench comprising Justices D Y Chandrachud and L Nageswara Rao would assemble at court number 9 at 3 p m to hear the batch of pleas.

"We kept waiting. A 100 lawyers were there. The bench did not assemble. We were not informed either," Rohatgi said. "We are very sorry for yesterday. The matters will be heard tomorrow at 3 PM," the CJI said.

When some other lawyers also complained about the same issue, the CJI then said, "I have already apologised. Do you want me to apologise again? I will apologise again." 

The CJI then said 84-year-old jurist T R Andhyarujina died today and that Justice Chandrachud has gone to Mumbai to take part in the last rites.

"If Justice Chandrachud is here tomorrow then these matters will be heard at 3 p m. If Justice Chandrachud is not available tomorrow, then I will constitute a separate bench," Justice Khehar said.

A bench comprising then Chief Justice T S Thakur (now retired) and Justices D Y Chandrachud and L Nageswara Rao had on 15 December 2016, ordered a ban on all liquor shops along national as well as state highways across the country and had made it clear that licences of existing shops will not be renewed after 31 March next year.

The special bench of Justices Chandrachud and Rao was to hear pleas of states yesterday against the verdict. The bench did not assemble yesterday as Justice Chandrachud sat in the court with the CJI till 4 p m.

Besides some liquor vendors' association, states like Kerala, Punjab and Telangana have approached the apex court seeking modification of the 15 December 2016, judgment.

The apex court had ordered a ban on all liquor shops on national as well as state highways across the country and had made clear that licences of existing shops will not be renewed after 31 March next year.

The verdict had come on a PIL alleging that nearly 1.42 lakh people died per year in road mishaps and that the drunken driving is a major contributor. It had also directed that all signs indicating the presence of liquor vends will be prohibited along national and state highways.

On 23 March, the Tamil Nadu government had also moved the top court to extend the time for relocation of retail liquor shops along the highways till the expiry of their licence period up to 28 November, 2017.

On 18 January, the All Assam Indian Made Foreign Liquors Retailers' Association had approached the apex court seeking modification of the judgment, saying it virtually banned liquor shops in the state as the definition of state highways in the local statute included all roads.

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