A liquor shop in the city. File picture

Aug. 13: The All Assam IMFL Retailers’ Association will move Gauhati High Court tomorrow challenging its August 9 order that led to the closure of liquor shops and bars situated within a 500-metre radius of educational and religious institutions, courts and hospitals in the city.

The association’s president, Sushanta Roy, told The Telegraph that they would submit a petition in the court with a prayer to vacate the closure order for those liquor shops and bars set up before 2005, when Assam Excise Rules were amended and the provision of 500-metre radius was incorporated.

“We have been informed that the court issued the order based on the 2005 amendments of the Assam Excise Rules, 1945, making provisions that no liquor shops should be allowed within a 500-metre radius of religious and educational institutions, hospitals and courts but we will pray before the court that those established before 2005 should be allowed to open their shutters,” Roy said. The court of Justice Ujjal Bhuyan on August 9 instructed the Kamrup (metro) district administration to shut down liquor shops violating the provision, during hearing of a writ petition filed by Arun Pathak, owner of Mid Town Bar in Christanbasti which was closed down by the administration on March 31.

The district administration had issued closure notice to the bar citing public complaints of nuisance but the owner questioned the administration’s move and moved the high court.

During hearing of the writ petition (2856/2012), senior government advocate B. Chetri submitted an affidavit stating that according to government rule, no liquor shop, bar can be permitted to function within a radius of 500 metres from hospitals, dispensaries and nursing homes, religious, educational or similar buildings or institutions. Following the submission by the state government, the court observed that the same should be applied uniformly and not selectively.

Following the court order, the Kamrup district excise department had closed the shops, resulting in closure of almost all the liquor shops and bars in the city. There are 128 licensed bars and 303 liquor shops city-wide and the closure forced customers to head towards Jorabat and Khanapara situated along the Assam-Meghalaya boundary to buy their share, often resulting in traffic congestion on the highway, particularly during evening hours.

“We have nothing to say against the court but we would like to ask the government why licences were issued to the shop owners if it was in violation of law. If there was no provision of the 500-metre radius before the amendments in 2005, why should the shop owners who had obtained licence before 2005 suffer?” Roy asked.

Kamrup district excise superintendent A.K. Bayan said they were carrying out a survey of all the liquor shops and bars and identify those beyond the 500-metre radius and take steps accordingly in case they have been shut down during the drive.