Kerala Bar Owners Plea Hearing on Thursday by SC

In a reprieve to bar owners in Kerala, the Supreme Court Wednesday told the state government not to enforce its order prohibiting functioning of non-five-star hotel bars till Thursday when the court will take up for hearing a batch of petitions challenging the ban order.

The apex court bench of Justice Anil R. Dave and Justice Uday Umesh Lalit asked the state government not to take any precipitative steps as it would hear the matter Thursday when it was mentioned by a battery of senior lawyers representing different petitioners.

Opposing the pleas, Sibal told the court that the plea of the bar owners was before the court and if it is allowed, then their licences would be restored.Saying that there was no question of suspending the excise commissioner’s Aug 28, 2014, notice cancelling the licences, Sibal told the court that the issuance of the bar licence was provisional and subject to the excise policy which was in making.

The petitioners have challenged the Sep 3 order of the Kerala High Court by which it ruled that there was no ground to hold that there could not have been a decision that would affect the entire class of persons, who were granted FL3 licenses except those having five-star classifications.

Assailing the high court order that licences were being cancelled by the government in exercise of its plenary powers, the petitions said the government was entitled to exercise the plenary power only when the law is silent but the government was not entitled to exercise such power when the area is covered by the statutory provision.

The petitioners have contended that as on April 2, 2014, the renewal of FL3 license was governed by Rule 13 (3) and 13 (B) of the Foreign Liquor Rules.

Src- http://www.mid-day.com/articles/supreme-court-to-hear-kerala-bar-owners-plea-thursday/15592159

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