SC notice to the centre against High Court order

New Delhi, July 31 (UNI) The Supreme Court today decided to examine the Delhi High Court judgement dated January 12, 2006 declaring as unconstitutional section 30 of Punjab Excise Act, 1914 which prohibits the employment of any man or any women under the age of 25 years, in any part of such premises as bartenders in which liquor or intoxicating drug is consumed by public.

A bench comprising Mr Justice S B Sinha and Mr Justice Dalveer Bhandari today issued notices to the Centre, Delhi Excise Commissioner , Hotel Association of India and others on a petition filed by Anuj Garg and others challenging the Delhi High Court judgement allowing employment of Boys and girls under 25 years of age as bartenders in Delhi where liquor or other intoxicating drinks are served.

The high Court Vide detailed and reasoned judegment with requisite safeguards had declared section 30 of Punjab Excise Act, applicable in Delhi, as invalid on the grounds that it violated Articles 19 (g), 14 and 15 of the Constitution.

The petitioners have challenged the High Court judegment on the grounds that trade in liquor is potentially dangerous and can be a cause for public mischief and social problems like alcoholism, domestic violence and various sexual offences. The appellants have further contended that trade in liquor was not a fundamental right and can be restricted keeping in view social welfare and public health.

Restrictions agfainst employment of girls of young age in such bars is in public interest and the ban on employment of young boys and girls as bar tnders was in line with the directive principles of state policy under Article 47 of the Consitution which says that prohibition must be encouraged in public interest.

Jessica Lal was a bartender was shot dead by badly drunk youngmen late night odd hours when she refused to serve them liquor. Manu Sharma, son of a Haryana cabinet minister VINOD sharma is the main accused in the case .

UNI/AKS/SC PR PC1941