Petitions against Gujarat Prohibition Act maintainable, says HC

August 23, 2021 14:53

The Gujarat High Court on Monday held as maintainable a batch of petitions challenging the provisions of Gujarat Prohibition Act, 1949 which bans the manufacture, sale and consumption of liquor in the state.

A division bench of Chief Justice Vikram Nath and Justice Biren Vaishnav said the court holds the petitions as maintainable and be heard and decided on merits, and kept them for final hearing on October 12. The HC, thereby, rejected preliminary objections raised by the state government regarding the maintainability of the petitions.

Advocate General Kamal Trivedi hinted before the HC that the government may decide to approach the Supreme Court against the order.

The government had maintained that it is not permissible for a court to examine the validity of any law or any new law or additional grounds when it has been upheld by the apex court in the past. The Supreme Court had upheld the Act in its judgment in 1951.

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