CASE: National Restaurant Association of India & Anr v. Commissioner of Police & Anr

Court: Justice Yashwant Varma of the Delhi HC

The Delhi High Court recently asked the Delhi government to respond to a petition objecting to government officials interfering with the functioning of restaurants and bars serving liquor till 3 AM as per the new excise policy of 2021-2022. 

The petitioner's counsel informed the Court that according to the Delhi government's Excise Policy 2021-22, bars are allowed to operate until 3 AM, whereas restaurants are only allowed to operate until 1 AM.

The petitioners argued that the new Excise Policy allowed all Delhi hotels, restaurants, and clubs to serve liquor until 3 AM, in order to facilitate smooth business operations and bring Delhi bars at par with neighboring cities, thereby increasing overall excise revenues. Despite meeting all the requirements of the Policy and paying absurd fees to the Delhi Excise Department, establishments were not allowed to open and operate their outlets. 

Moreover, the Delhi Police harassed them and obstructed their bona fide actions, survival, and livelihood instead of performing their duties.

Vinay Kumar Garg, appearing on behalf of the National Restaurant Association of India, argued that the Policy does not apply to restaurants that serve alcohol without having a separate bar. The petitioners also stated they are willing to submit an undertaking not to serve any food after 1 AM, provided that restaurants and clubs are allowed to serve alcohol until 3 AM.

The petition sought a general direction to allow all hotels, restaurants, and clubs to operate according to the law and without interference or nuisance.