The Bombay High Court (HC) on Friday lambasted the Pune administration over its decision to impose a 10-day-long ban on the sale of alcohol during the upcoming Ganesh festival, questioning why the city had been singled out when Mumbai and other cities of Maharashtra faced no similar curbs.

The court said the administration should consider the withdrawal of the order or risk judicial intervention.

A bench of the HC, led by Chief Justice MC Tripathi and Justice Advait Sethna, was hearing petitions filed by associations representing hotel owners and wine shop owners challenging the ban. The petitions raised questions on the order issued by the Pune Collector pulling the plug on the sale of alcohol for 10 days from September 14, when the Ganeshotsav began.

“Why only Pune?,” asks court

The bench questioned the rationale behind the administration’s move, asking why no comparable restriction had been rolled out elsewhere in the state. The bench remarked, “What is the rationale behind choosing only Pune? We deprecate such practice. This is a stigma on Pune residents. What are you trying to portray that only people in Pune behave badly after drinking? One district you are choosing across the state.”

The court ruled that a blanket prohibition preventing licensed establishments from carrying on their trade for 10 days appeared arbitrary. It further said the order risked unfairly stigmatising Pune and its residents.

Thereafter, the bench directed the advocate representing the Pune collector to inform the court later in the day whether the administration intended to withdraw the order. It clarified that if the ban was not withdrawn, the court would mull passing an appropriate order.

HC acknowledges law and order concerns

The judges, however, acknowledged that authorities had a legitimate responsibility to maintain law and order during the festival and prevent public nuisance. However, the bench hearing the case questioned the assumption that every person consuming alcohol would necessarily create ruckus on the roads or trigger a law-and-order problem.

In a lighter vein, Chief Justice Tripathi also remarked on the possible impact of a 10-day prohibition on habitual drinkers. He quipped, “They will flood hospitals if they don’t get to drink for 10 days.”

Petitioners challenge district-wide ban

The petitions were filed by associations representing hotel and wine shop owners, who challenged the Pune Collector’s decision to ban alcohol sales throughout the district during the festival.

The hearing was centred on whether such a sweeping restriction could be justified when similar curbs were not being imposed in Mumbai or other districts across the state.