The Bombay High Court on Friday pulled up the Pune administration over its decision to prohibit the sale and consumption of alcohol for the entire 10-day Ganesh festival, questioning why Pune alone had been subjected to such a restriction while other cities, including Mumbai, were not covered by a similar order.

Following the court’s intervention, the authorities scaled back the prohibition to two days, covering the first day of the festival until 4 pm on September 14 and September 25, the final day of the celebrations, which is already observed as a dry day.

Court Questions Why Pune Was Singled Out

A bench comprising Chief Justice MC Tripathi and Justice Advait Sethna said the court would intervene if the order was not withdrawn, describing the decision to impose a blanket prohibition only in Pune as arbitrary and unfair to the city’s residents.

The matter reached the High Court after associations representing hotel owners and wine shop owners challenged the Pune Collector’s order prohibiting alcohol sales throughout the 10-day festival.

During the hearing, the bench questioned the rationale for restricting alcohol only in Pune while similar curbs had not been imposed elsewhere in Maharashtra.

“What is the rationale behind choosing only Pune? We deprecate such practice. This is a stigma on Pune residents. What are you trying to portray that only people in Pune behave badly after drinking? One district you are choosing across the state,” the court remarked.

Blanket Prohibition Cannot Stop Licensed Trade

The court said authorities were entitled to take steps to maintain law and order and prevent nuisance during the festival, but could not impose a blanket prohibition that prevented licensed establishments from conducting their lawful business for 10 days.

The bench also rejected the assumption that every person consuming alcohol would necessarily cause a disturbance or create a law and order problem.

Chief Justice Tripathi and Justice Sethna questioned the government’s lawyer about whether the original order would be withdrawn and sought a response from the state administration.

In a lighter observation during the hearing, Chief Justice Tripathi said a 10-day prohibition could also create medical issues for habitual drinkers.

“They will flood hospitals if they don’t get to drink for 10 days,” the Chief Justice quipped.

Court Flags Revenue Loss

The bench also pointed to the possible loss of revenue for the state excise department if the sale of alcohol remained prohibited throughout the festival.

The court said a blanket ban affecting licensed businesses for the entire 10-day period was not justified merely on the presumption that alcohol consumption could lead to nuisance or public disorder.

It also questioned why Pune, described by the bench as the state’s most “civilised and educated city”, had been selected for a restriction not imposed across Maharashtra.

State Limits Restriction To Two Days

The state subsequently informed the court that the restriction would be confined to September 14, the opening day of the Ganesh festival, until 4 pm, and September 25, the concluding day.

The court accepted the state’s statement and directed the Pune Collector to issue a fresh order incorporating the revised restriction.

With the change, the proposed 10-day prohibition on alcohol sales and consumption during the Ganesh festival in Pune will now apply only on the first and last days of the celebrations.

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