High court cautions Haryana against sale of liquor post midnight

While cautioning the government, the bench said that the excise policy in question mentions of having noticed social verification and social degeneration at the time of framing the policies.

The Punjab and Haryana high court on Thursday cautioned the Haryana government over the sale of liquor into the late hours of the night at bars and pubs in two districts — Gurugram and Faridabad — but stopped short of issuing directions to the state over the matter.

As per this policy pubs/bars were asked to close at midnight in other districts except Gurugram and Faridabad but by paying extra charges for the same. (HT File)

The Haryana excise policy 2024-25, promulgated in June, withdrew provisions from a previous iteration that allowed bars and pubs to operate all night after the payment of a fee. Under the new policy, bars and pubs were directed to shut at midnight — except in Gurugram and Faridabad, where the previous rules still apply.

After the new policy was promulgated, bar and pub owners in Panchkula had moved the high court, demanding parity with their Gurugram and Faridabad counterparts.

Dismissing the plea on Thursday, a bench of justices Sanjeev Prakash Sharma and Sanjay Vashisth said that the excise policy has different yardsticks for different districts, and hence, the petitioners cannot seek parity.

“No one has stopped the petitioners from doing business at Gurugram, if they found it to be more lucrative,” the court said.

The court also stressed that responsible drinking remains a “far reaching goal” in Indian society, and cautioned the state from allowing the sale of liquor late into the night in Gurugram and Faridabad.

“While we may not be understood to discourage night clubs but the policy makers ought to take into consideration the Indian culture and also consider the that the percentage of literacy and mature understanding and repercussions of excessive drinking is yet a far-reaching goal,” the court said.

“It cannot be remained unnoticed that if the people are allowed to stay all night at bars and pubs, the social strain of Indian society is seriously hampered. Excess drinking and indulging in night life in Indian society is still a social taboo,” the court remarked while asking the state to take this into account in future.

However, the court did not direct the state to ban the sale of liquor at bars and pubs late into the night.

The bench also underlined that once a time to shut bars and pubs is decided upon, there should be no provision for granting an extension by taking extra money.

“A balance has to be struck between the amount of revenue being earned vis-à-vis maintaining and nurturing the culture of the state. It is expected that the state shall take into consideration our observations while framing the future excise policy,” the court said, ordering that the copy of the order be sent to the Haryana chief secretary.