Right to operate bar must be balanced with citizens’ and children’s right to peaceful environment: Delhi High Court

What was the case?

• The petitioner had approached the court alleging unregulated operations of the bar.
• It was claimed that the bar remained open till 02.12 am and on certain occasions even till 04.30 am.
• He further asserted that instead of providing GST bills, which is a requirement of law, “hand written slips” are given by the establishment as bills.
• He claimed that the manner in which the bar operated lies at the teeth of the applicable law, and is a nuisance to society at large.
• It was submitted that as per law, a bar cannot continue to function beyond 1 am.
• He further pointed out that his complaints in this regard to the Commissioner of Delhi Police were left unaddressed, as no action was taken by the authorities.

Court’s findings

• The Delhi Excise Rules, 2010, provide for working hours and conditions relating to the sale of liquor.
• The powers and functions of the excise commissioner are prescribed under Section 4 of the Delhi Excise Act, 2009.
• Bars and pubs, without doubt, are allowed to operate within the jurisdiction of this court.
• Late C K Daphtary, the first Solicitor General of India, who, while emphasising the “pub” in “republic” is stated to have said: “Now that we are a republic, and there is no pub in it, let us hope we will not become a relic.”
• However, the regulation of a bar is governed by the Delhi Excise Act, 2009, and the rules thereunder, besides other rules.
• Furthermore, complaints relating to public nuisance are also to be lawfully considered by the district magistrate under Sections 152 to 162 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
• In a civilised society, governed by the rule of law, a genuine complaint of a citizen should not remain unattended.
• The authorities are under an obligation to consider and decide upon the same in accordance with the extant rules and regulations.
• The rule of law requires not merely the existence of laws, but also their timely and effective enforcement.
• When authorities continue to be inert on the face of complaints made to it by citizens, it not only erodes public confidence in governance, but also makes that sole individual of this country feel remediless.
• Such a situation is certainly not desirable given the constitutional order under which the state and its instrumentalities are to function.

Directions

• Let the present petition be treated as an application, and the concerned excise commissioner is to look into the petitioner’s grievance and pass appropriate orders within two months.
• If the excise commissioner is of the view that the grievance will have to be considered by the concerned district magistrate, let all the authorities work in tandem so that the complaint can be dealt with appropriately.