Uttarakhand High Court’s alcohol ban stayed by Supreme Court

The Supreme Court yesterday stayed a judgment of the Uttarakhand High Court which had banned sale, purchase, possession and consumption of alcohol and other intoxicants in three districts..A Bench of Chief Justice JS Khehar and Justice DY Chandrachud heard an appeal filed by the Uttarakhand government against the judgment of the High Court. The Bench issued notice in the case and stayed the judgment..Additional Advocate General Mukesh K Giri appeared for the Uttarakhand government..In a Public interest litigation petition filed by one Udai Narayan Tiwari, the Uttarakhand High Court had issued a slew of directions regarding sale of alcohol in the State..While a complete ban on sale, purchase, distribution and consumption of alcohol was imposed in three districts – Rudraprayag, Chamoli and Uttarkashi, the High Court had also proceeded to direct the State government to ensure that:.(a) No person consumes liquor or intoxicants in any public space;.(b) No person is found drunk or in a state of drunkenness at any public place .(c) No person drinks or creates nuisance or violence at any place including in his won house or premises .(d) No person shall permit or facilitate drunkenness or allow assembly of drunken elements in his own house or premises.Besides this, the Court had also directed the State government to impose complete prohibition on sale, purchase and prohibition of use of tobacco within 5 km radius of three gurudwaras. Further, it had directed the State to ensure that no liquor shops are open within 1 km radius of educational institutions, hospitals and religious places..The State Government has appealed against this decision to the Supreme Court.When the matter was came up for hearing yesterday, the State submitted that the direction issued by the High Court exceeded its jurisdiction under Article 226 and was de-hors the provisions of UP Excise Act, 1910..The Court proceeded to issue notice and stayed the judgment of the High Court.