Patna, May 10: Supreme Court lawyer Balbir Singh today questioned the Bihar government over the logic to exempt a particular variant of liquor from the ambit of "total prohibition" in the state.

"No liquor, only toddy-why? The exemption of toddy from the ambit of total prohibition defeats the very purpose of Article 47 of the Constitution", Balbir argued, adding: "What was the basis for sub-classifying the liquor brands. How can you (government) exempt a particular variant of liquor and prohibit others. Is toddy not a variant of liquor?"

Balbir, appearing on behalf of Confederation of Indian Alc oholic Beverage Companies and others in the division bench of Acting chief Justice I.A. Ansari and Justice Navaniti Prasad Singh, argued: "Liqu or, its sale and consumption, can't be treated as totally prohibited until the government proves that toddy is not liquor".

Balbir quoting Article 19 (1) (g) said the constitutional provisions warranted upon the state to guarantee the citizens' equitable rights for doing business and profession. But Justice Singh cited the Supreme Court order saying: "The state had the privilege to impose prohibition which does not come under the purview of the Article 19 (1) (g)".

Balbir said: "The state can't differentiate the people with regard to doing business. It can't allow a particular section of people to trade in a variant of liquor while disallowing others to trade in other variants. If the state does so, it amounts to denying the people equal opportunities in trade and profession".

The judges then observed that the government must furnish the "rationale" behind allowing a section of people to trade in toddy while clamping a ban on selling and consuming other variants of liquor.

"The government is falsely claiming that it has clamped total prohibition in Bihar. The fact remains that it has exempted a particular liquor variant allowing a class of people to do business in it while disallowing others to do the business in their chosen variants", he said.

Justice Singh said the government must come out with its logic on toddy. "Even the Kerala government has cited unemployment as the reason for exempting toddy from partial prohibition that is in operation in the southern state".

The court is likely to hear the arguments tomorrow. Principal additional advocate general Lalit Kishore said the government will reply on May 16.