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Highway liquor ban contested (Relevant for GS Prelims and GS Mains Paper II)

The highway liquor ban imposed by the Supreme Court was raised by BJP veteran L.K. Advani’s lawyer as an instance of the Supreme Court flexing its extraordinary constitutional powers to do more harm than the good it intended.

Claims made by the lawyer against the court
“Your Lordships’ use of Article 142 should be in accordance with law and due process of law as guaranteed in Article 21. Your recent order on the highway liquor ban has rendered lakhs jobless.

He was reacting strongly against a proposal by a Bench of Justices to employ its extraordinary powers under Article 142 of the Constitution to order a joint trial of the two Babri Masjid demolition cases pending for the past 25 years.

What are reasons given by the lawyer for objection ad opposition?
The senior lawyer had objected that a joint trial now would disrupt existing trial in the two cases and the rights of the accused.

He submitted how the liquor ban, ostensibly meant to protect the right to good health, has boomeranged to deprive lakhs of employees in the trade of their fundamental right to earn a living.

About Article 142
Article 142 empowers the SC to pass any decree or order necessary for doing “complete justice” in any matter pending before it.

The senior lawyer had objected that a joint trial now would disrupt existing trial in the two cases and the rights of the accused. He submitted how the liquor ban, ostensibly meant to protect the right to good health, has boomeranged to deprive lakhs of employees in the trade of their fundamental right to earn a living.



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