Two very Senior Advocates from Delhi I spoke to today have described as most weirdest, erroneous and unsound the legal opinion given by the flamboyant Attorney General of India Mukul Rohatgi that the Supreme Court order banning sale of liquor within 500 metres of state and national highways would not apply to bars and restaurants that serve alcohol.
The Supreme Court direction reads as follows:
“All States and Union territories shall forthwith cease and desist from granting licences of the sale of liquor along national and state highways.”
It follows without any difficulty, that the Supreme Court has not put any pre-qualification nor restriction on the place or kind of establishment where such liquor licences are prohibited but clearly all encompassing.
Pointing out that the Supreme Court has banned the sale of all alcohol within 500 mts of National and State High ways, both the Senior Advocates have candidly branded Mukul Rohatagi’s legal opinion as one possibly paid for while adding that Mukul Rohatgi could expect to get an earful from the Supreme Court if he sticks to this flawed interpretation.
As the Attorney General of India, Mukul Rohatgi should now infact immediately move the Supreme Court and get the order clarified once for all.
Meanwhile, as time is running out the Goa Government should honestly and sincerely place our special facts and circumstances in an attempt to get some relief from the Supreme Court. Trying to skirt and circumvent the Judgment by denotifying the Highways may only further antagonize the Supreme Court which has so far rejected outright review petitions filed.
Chief Minister Laxmikant Parsekar has slept over this issue for over two months while he enjoys his last days of that red beacon he has become so infatuated with. Mr. Chief Minister, in an attempt to cancel Digambar Kamat’s bail, you moved the Supreme Court overnight. So why all this dilly-dally on such a vital issue that will have an impact on the livelihood of thousands of Goans.
On March 11thwhen the votes are counted Laxmikant Parsekar and the BJP will be done and dusted but from 1st April the Supreme Court order will be binding on the entire country including Goa. For the inaction since the order of the Supreme Court was passed on December 15th last year, the buck stops at the doorsteps of Laxmikant Parsekar and the BJP.
It is most improper to now blame Excise Commissioner Menino D’Souza. He is duty bound to enforce the Supreme Court order whether he likes it or not. And as a conscientious officer, that is exactly what he is doing. Otherwise he is liable to be hauled up for contempt of the Highest Court’s order.
