SC Stays Rajasthan HC Order on Highway Liquor Shops | Quick Digest
The Supreme Court on January 19, 2026, stayed the Rajasthan High Court's order mandating the removal of 1,102 liquor shops within 500 meters of national and state highways. The apex court cited the need for judicial scrutiny and a balance between public safety and commercial interests.
Supreme Court stayed Rajasthan High Court's order concerning highway liquor shops.
Rajasthan High Court directed removal of 1,102 shops within 500m of highways.
High Court's order stemmed from rising drunk driving fatalities.
Supreme Court emphasized balancing public safety with fiscal and commercial interests.
Previous Supreme Court rulings exempted municipal areas from highway liquor bans.
The stay offers temporary relief to affected liquor vendors and the State government.
The Supreme Court of India, on January 19, 2026, issued a stay on a Rajasthan High Court order that had mandated the removal or relocation of approximately 1,102 liquor shops situated within 500 meters of national and state highways across Rajasthan. The High Court's directive, issued on November 24, 2025, was a response to a petition highlighting a significant increase in fatal road accidents attributed to drunk driving in the state. The High Court had strongly criticized the state government for purportedly transforming highways into "liquor-friendly corridors" and had ordered the immediate closure of these establishments, irrespective of whether they fell within municipal areas or local self-governing bodies.
A bench comprising Justices Vikram Nath and Sandeep Mehta of the Supreme Court, while acknowledging the "absolutely genuine" concerns raised by the High Court regarding public safety and the alarming rise in road fatalities, observed that such sweeping directions necessitated closer judicial scrutiny. Senior advocate Mukul Rohatgi, representing one of the petitioners, argued that the High Court's blanket order, which was passed without hearing all affected parties and applied statewide from a matter arising from a single village, would have severe adverse consequences. Solicitor General Tushar Mehta, surprisingly supporting the petitioners, also highlighted the need to balance public safety considerations with fiscal interests and the practical implications for licensed establishments.
The Supreme Court also took into account its own earlier pronouncements, particularly a clarification to a 2016 judgment in the State of Tamil Nadu v. K. Balu case, which had initially banned liquor sales along highways but later clarified that the prohibition was not intended to apply to licensed establishments located within municipal areas. The apex court noted that the High Court's order failed to consider this nuance, potentially affecting businesses that operate within municipal limits. The stay essentially provides temporary relief to the affected liquor vendors and the Rajasthan government, allowing for a more nuanced approach to be considered, pending further hearings on the matter. The ruling underscores the complex interplay between public safety, state revenue, and judicial interpretation of existing laws.
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