Only state govt can take decision on alcohol sale, Telangana HC rules

The Bench stated that the state government has to consider many different elements while making such a policy decision and that it was solely their responsibility to take the proper action.

Hyderabad: The Telangana High Court on Wednesday stated that only the state government has the authority to decide whether to forbid the sale and distribution of alcohol and that courts could not issue any such orders.

However, it was not inclined to meddle in the state’s policy decisions on the production, distribution, and sale of alcoholic liquids, the court said.

A PIL was filed by an elderly couple from Jadcherla asking the court to prevent the state from producing, selling, and allowing consumption of alcohol in Telangana and, if necessary, to impose a complete prohibition of alcohol was being heard by a division bench made up of Chief Justice Satish Chandra Sharma and Justice Abhinand Kumar Shavili.

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In 2016, a writ case was filed asking for police protection against their son Sridhar Goud, who had an alcohol addiction and had lost his job as a police constable as a result, which led to his wife leaving him. Because their kid became addicted to alcohol as a result of the government’s decision to allow the sale of alcohol without any limits, the couple also asked that the government take responsibility for his treatment and place their son in a de-addiction facility.

The pair claimed their fundamental rights under Article 21 of the Constitution were being violated because they feared for their life as a result of their son’s threatening behaviour.

However, the petition has been pending since 2016. Now, in 2022, the petitioners want the court to become involved in state policy decisions because it was the state that decided to impose alcohol prohibition in Gujarat and Bihar.

A solitary judge instructed the High Court registry to convert it as a PIL after taking the petitioners’ request into consideration. The case was heard by a division bench led by the Chief Justice after it had been changed into a PIL, and the plea was denied.

The Bench stated that the state government had to consider many different elements while making such a policy decision and that it was solely their responsibility to take the proper action.

The bench stated, “This Court cannot order the installation of a complete ban on the sale and purchase of liquor in Telangana and it is for the politicians to take a decision in this regard.” This Court cannot do this because the petitioners’ kid has developed an alcohol addiction.

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