High Court Dismisses Plea Seeking Declaration Of 'Dry Day' In West Bengal On 22nd January On Account Of Ram Mandir Consecration Ceremony

The Calcutta High Court on Thursday dismissed a public interest litigation seeking the declaration of a 'dry day' in the State of West Bengal on the 22nd of January on account of the consecration ceremony of the Ram Mandir in Ayodhya. 

In dismissing the plea, a division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya observed:

"This a policy decision. You will have to challenge the enactments which allow for [liqour] licensing. Actually, there is a prohibition. It is not free, anyone cannot manufacture. A beverage corporation is there, and the trade is regulated by way of an enactment under the Excise Act. Unless those provisions are challenged, we cannot do anything."

"Petitioner seeks for a direction which is in the nature of a policy decision. Therefore the same cannot be granted in a PIL, dismissed," it added.

It was argued by the petitioner that she would like her representation to be considered since Chhattisgarh and five other states had declared the 22nd of January as a dry day.

State objected to these submissions arguing that the plea was a 'strange one' and that praying for a dry day merely because other states had also declared it, would not have any legal backing.

Accordingly, the plea was dismissed.

Citation: 2023 LiveLaw (Cal) 20

Case: NAZIA ELAHI KHAN VS STATE OF WEST BENGAL AND ANR

Case No: WPA(P)/14/2024