“Issue of opening of bars, liquor serving places has indelible connection with issue of public order”: Delhi Police argues before Delhi High Court

In a petition by the National Restaurant Association of India (NRAI) seeking a direction to restrain the Excise Department and Delhi Police Commissioner from interfering with the operation and running of restaurants and bars till 3 am, the counsel for the Delhi Police Commissioner argued that “The issue of opening of bars and other places where liquor may be served has an indelible connection with the issue of public order.”

Before the single judge bench of Justice Yashwant Varma of Delhi High Court, showing concern, he stated, “Upon due consideration of the security of the public and the maintenance of law and order, the Delhi Police has prescribed the outer limit to be 1 AM.”

Further referring to the status report by Delhi Police Commissioner, crime statistics for Delhi for the year 2021-22, he placed details of the Drunken Driving challans issued in the last two years and the number of road accidents that have taken place and argued that given the disclosures made in the status report it would be imprudent to increase their operational timing up to 3 AM.

Taking note of the same, Court stated that only the Delhi Police could regulate the opening of bars in the National capital till 3 am, as offering liquor to the general public could disturb the public safety and would require maintenance of law and order.

However, the counsel for the Excise Department submitted that Rule 55 of the Delhi Excise Rules, 2010 empowers the Excise Commissioner to specify the hours that may be maintained by outlets and licensees for the sale of liquor.

Accordingly, Court directed the Delhi government’s Excise Department and the Delhi Police Commissioner to compose a consultative group to examine serving liquor till 3 AM.

Court opined, “While the Excise Act and the 2010 Rules framed thereunder, may empower the Excise Commissioner to prescribe the operational timing of liquor vends, the same would have to be understood and interpreted bearing in mind the powers of the Delhi Police to control and regulate the functioning of eating houses and places of public entertainment.”

"Bars or for that matter any establishment where liquor and intoxicating substances are served and to which members of the public may be admitted would fall within the ambit of the Delhi Police Act 1978," added the Court.

Court further observed, “Since the operation of those outlets and venues would undoubtedly have a bearing on issues such as security of the public, the issue of maintenance of law and order, it would not only have been expedient but the law itself would mandate a joint and consultative deliberation between the authorities of the Excise Department and the Delhi Police before directives such as those incorporated in Paragraph 5.1(ii) are framed.”

“Clause 5.1 (ii) of the Excise Policy which provides that bars in Hotels, Restaurants, and Clubs (HCR) would be permitted to operate till 3 AM,” added the Court.

However, Court observed, “It would have been expedient for the excise authorities as well as GNCTD to have elicited the views of the Delhi Police before holding out that bars in HCR's would be permitted to operate till 3 AM”

“It may be observed that while the Court does not intend to stand in the way of the Excise Department framing a policy or the exercise of power flowing from the Act and the Rules, that would necessarily have to tempered by and harmonized with the authority of the Delhi Police to regulate the operational timing of eating houses and places of public entertainment as conferred by the 1978 Act and the Regulations framed thereunder,” further noted the Court.

Earlier the High Court had called upon the standing counsel to apprise it of whether the prescription of the timing of liquor vends as contained in the Excise Policy was framed with due consultation with the Delhi Police.

Upon examination of the affidavit that was filed, Court noted, “The Delhi Police was neither consulted before the inclusion of the prescription concerning timing in the Excise Policy nor was the order passed by the first respondent on  December 10, 2020, taken into consideration.”

“It would have been expedient for the excise authorities as well as GNCTD to have elicited the views of the Delhi Police before holding out that bars in HCR’s would be permitted to operate till 3 AM,” stated Court.

Accordingly, Court ordered, “The joint consultative group may complete the aforesaid exercise within two weeks from today and its report be placed on the record of these proceedings.”

Furthermore, it stated that the matter has been listed for further hearing on August 2, 2022.

Case Title: National Restaurant Association of India and Anr. v. Commissioner of Police and Anr.