‘State has strong ground to file review petition’

Legal eagles say govt can argue that it was not heard at all before judgment on liquor sale ban was delivered

MARGAO: The Supreme Court has usurped powers of the State government and that is why it (the government) has strong grounds to file a review petition against the order banning alcohol sale along the highways. This stand was taken by alcohol vendors at a meeting held here today.
Though initially there was bickering amongst those present that threatened to politicize the meeting, Advocate Amit Palekar presented the case before those present and said the Supreme Court has taken the guidelines issued by the Ministry of Road Transport and Highways (MoRTH) and converted the same into “legislation by virtue of the order”.
Besides, he argued that the State government can always take the plea that it was not a party to the decision and hence argue that the government was not heard at all before the judgment was pronounced.
A large number of people involved in alcohol trade and who are likely to lose their business from April 1, 2017 had gathered at Grace Church hall, Margao filling it to the seams and raising various issues like the highways in Goa do not conform to the standards of highways, etc.
Further while recalling that the government was quick to rush to the aide of mining affected people when mining was banned, Adv. Palekar wondered why the government was not showing same concern to those affected by the present SC order as nearly three lakh people will be affected.
Earlier, Dattaprasad Naik welcomed the support their struggle had received from different forums, including political parties but also cautioned against divisive forces. He revealed that one possibility was to have a separate excise policy for Goa which could then be exempted from the purview of the SC order.
He suggested that the liquor traders should collectively get a clarification on the topic as two government officials had interpreted the order differently. He pointed out that while the Advocate General had opined that the order was not applicable to bars and restaurants; the Excise Commissioner has opined that it is applicable to all outlets selling alcohol.
Both Palekar and Dattaprasad argued that the liquor vendors should not file the review petition before the Supreme Court as it would be too expensive given the Supreme Court lawyers’ fees. Instead they suggested that the vendors strengthen themselves by forming an organization at the moment so that as and when the new government is formed,  they can present their numbers to the administration.
The vendors were also advised to be prepared to shut down liquor trade in Goa if necessary to ensure that justice is meted out to them and also to block the highways as and when required to press for their demand.
Confusion about Assam being exempted from the order was clarified stating that Assam has only been given a date to present its case asking to be exempted from the order and those gathered were assured that their application would be studied to see if it can be adopted for Goa.
All those present were urged to enrol as members of the three different organizations namely Goa Liqor traders Association, Bar and Restaurant Owners Association and Hotels and Restaurant Owners Association. A deadline of March 1, 2017 was set to enrol in these organizations and to set up taluka level and constituency level committees of liquor vendors. 

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