Equality cannot be claimed in illegalities: SC

New Delhi, July 9 (UNI) The Supreme Court has held that equality can not be claimed in illegalities.

The ruling came on an appeal filed by Kuldeep Singh and others whose applications for allotment of liquor shops in Delhi were rejected following policy decision taken by the Delhi government to scrap the policy in view of huge public outcry against the earlier decision of Shiela Dixit government to permit sale of Indian Made Foreign Liquor (IMFL)through private retail outlets in commercial areas.

Till 1979 policy of prohibition was in force in Delhi and from 1979 to 2003 IMFL and country liquor were being sold only through public sector undertakings.

The government, however issued an advertisement inviting applications for grant of L-52 licence for retail sale of IMFL, for the year 2004-2005. In all 70 such vends were to be allotted.

In March there was huge public outcry against the excise policy of the state and Resident Welfare Associations and elected representatives of the people also lodged protest against the policy. Under public pressure the Delhi government took a policy decision on March 9,2005 not to issue any fresh licences for liquor vends. Despite all this applications were, however, processed.

The Department also felt that it would not be appropriate to open any more liquor vends keeping in view the prohibition policy of the government which is aimed at discouraging drinking. The Directorate of Prohibition, Delhi government educates people especially youth and socio economically weaker sections, about the ill effects of alcohol by various means spending huge amount of money from the state exchequer.

In this backdrop uncontrolled proliferation of liquor shops would be against the overall objective of the government as stated in Article 47 of the Constitution.

A bench comprising Justices S B Sinha and P K Balasubramanyan on July 6 dismissed the petitions holding that the court did not find any merit in these appeals.

Regarding the violation of Article 14 of the Constitution, the court ruled, "Article 14 of the Constitution carries with it positive concept. Equality can not be claimed in illegalities." The court also recorded the statement of Additional Solicitor General Gopal Subramanium that the state shall take steps to cancel the licences of those who had been given licences earlier.

UNI AKS/SC RP BD1457