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Liquor ban: Bihar govt seeks transfer of cases from Patna HC

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New Delhi: The Bihar government today moved the Supreme Court seeking transfer of all the matters relating to its law banning sale and consumption of all types of liquor, which are pending before the Patna High Court to the apex court.

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A bench of Justices Dipak Misra and Amitava Roy asked senior counsel Rajeev Dhavan, who was appearing for the state, to move a proper transfer petition in this regard.


Dhavan, assisted by advocate Keshav Mohan, told the bench that the apex court had on October 7 stayed the operation of Patna High Court’s judgement quashing the law banning sale and consumption of all types of liquor in the state and a number of petitions related to the matter were pending before the high court.

“A number of cases have been filed and they are pending before the high court. Let all the matters be transferred to the Supreme Court,” he said.

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To this, the bench said, “You must file a proper transfer petition.”

The court told Dhavan that the state government could mention the matter before the bench after filing the transfer petition.

The bench had earlier issued notice to all respondents including some liquor manufacturers on whose plea the high court had held as illegal and unconstitutional the Bihar government’s prohibition law.

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The state government has challenged the high court verdict of September 30 quashing the notification banning consumption and sale of liquor in the state, saying it was ultra vires to the Constitution.

However, after the law was set aside by the high court, the Nitish Kumar government had came out with a new law banning sale and consumption of liquor, which was notified on Gandhi Jayanti day on October 2.