Shutters Down, ‘Emergency Windows’ Open: Rajasthan HC Takes Suo Motu Cognizance of After-Hours Liquor Sales in Jodhpur; Issues Interim Directions

Disclaimer: This has been reported after the availability of the order of the Court and not on media reports so as to give an accurate report to our readers.

Rajasthan High Court: Taking suo motu cognizance of the systemic violations of liquor vending closing hours and the apparent regulatory failure in Jodhpur, the Division Bench of Pushpendra Singh Bhati and Nupur Bhati, JJ., held that the same directly infringed upon the right to live with dignity and in a safe environment under Article 21 of the Constitution and undermined the State’s obligation under Article 47 to protect public health.

Further, the Court issued notice seeking responses from State and its functionaries and also, issued interim regulatory directions.

Background

In the present case, a detailed investigative report published in Rajasthan Patrika titled “शटर डाउन… ‘इमरजेंसी विंडो’ चालू: रात 8 बजें बाद भी धड़ल्ले से बिक रही शराब” caught the Court’s attention which revolved around the issue involving continued after-hours sale of liquor through concealed mechanisms and apparent regulatory failure on the part of the excise and police authorities in enforcing the excise laws. It was published under the heading “Patrika Sting” and was supported by photographs, timestamps and field verification which indicated that despite statutory closing hours applicable to liquor vends, liquor sale allegedly continued openly after 8.00 p.m. through concealed openings, restricted access windows and partially shuttered premises at various locations within Jodhpur.

The newspaper report further suggested that such alleged violations were not isolated instances, rather reflected a recurring pattern of clandestine after-hours liquor sale through so called “emergency windows”, thereby circumventing statutory restrictions, licensing conditions and regulatory safeguards framed in public interest.

The sting operation further highlighted the apparent inaction, laxity, and possible connivance of local police and Excise officials, which has permitted this illegal practice to flourish, thereby eroding the Rule of Law, public trust in governance, and the statutory regulatory framework.

The Court, thus, took suo motu cognizance of the matter considering that unregulated after-hours sale of liquor directly affects public health, road safety, neighbourhood tranquility, women’s and youth safety, as well as maintenance of public order.

Analysis and Decision

The Court stated that “Article 21 of the Constitution guarantees not merely animal existence, but the right to live with dignity, safety, public order and a healthy environment. Article 14 mandates fair, non-arbitrary and uniform enforcement of law, while Article 47 casts a constitutional obligation upon the State to improve public health and endeavour to reduce the harmful effects of intoxicating substances injurious to health. Articles 38 and 39 further obligate the State to secure a social order promoting welfare and minimisation of social harm. These constitutional principles collectively cast a duty upon all constitutional institutions to ensure that statutory regulatory mechanisms framed in public interest are meaningfully implemented and not rendered illusory by systemic non-compliance or enforcement failure.”

Further, the Court stated that the salient features emerging from the newspaper report revealed a serious and systemic breach of the regulatory regime:

1. continuing and brazen violations of the prescribed closing timings of 8.00 p.m. and breach of licence conditions in Jodhpur;

2. deliberate circumvention of mandatory closure requirements through concealed openings, restricted-access windows and partially shuttered premises;

3. apparent failure of enforcement, inspection and monitoring mechanisms by the Excise and police authorities;

4. recurring use of structural devices such as “emergency windows” enabling clandestine after-hours sale of liquor, pointing to systemic deficiencies in the enforcement machinery; and

5. wider concerns relating to public nuisance, road safety, public order and the health of citizens, particularly in residential and sensitive areas.

The Court opined that “the challenge of enforcing liquor vending timings and preventing circumvention is not unique to Rajasthan”. The Court emphasised Tamil Nadu’s recent closure of 717 Tamil Nadu State Marketing Corporation Ltd. TASMAC outlets located near educational institutions, places of worship, and public transport hubs stating that several States have been compelled to take corrective measures in response to similar patterns of regulatory evasion and that such actions across jurisdictions reflected a growing recognition that effective regulation of intoxicating substances forms an essential part of the State’s constitutional duty to protect public health, public order and the right to a dignified life under Article 21 of the Constitution.

Further, the Court emphasised that it has “repeatedly exercised suo motu jurisdiction in matters involving public health, regulatory failure, environmental degradation, food safety, and erosion of public trust in executive machinery. The doctrine of parens patriae obligates the courts to intervene when executive apathy or complicity threatens fundamental rights and the Rule of Law”.

The Court held that the systemic violations of liquor vending closing hours and the apparent regulatory failure in Jodhpur directly infringed upon the right to live with dignity and in a safe environment under Article 21 of the Constitution and undermined the State’s obligation under Article 47 to protect public health. Thus, the Court issued notices to the State and its functionaries to file their respective detailed responses/status reports to the issues highlighted in the newspaper report for consideration.

Further, the Court stated that the reports should specifically address the following:

1. action taken against the liquor vends and licensees mentioned in the Patrika Sting report;

2. steps taken or proposed for immediate removal of all “emergency windows” and ensuring complete physical closure of vends at 8.00 p.m.;

3. details of inspections conducted in the last 3 years and action taken against erring licensees and officials;

4. existing mechanism for night-time monitoring and enforcement;

5. proposal for mandatory technological interventions including CCTV with live feed, digital billing and e-POS integration;

6. coordination mechanism between Excise, police and municipal authorities; and

7. steps proposed to prevent recurrence of such systemic violations.

Along with that, the Court directed them to place before it:

1. copies of standard licence conditions presently governing retail liquor vendors;

2. districtwise timing notifications currently in force;

3. existing SOPs, circulars or instructions concerning inspection and enforcement; and

4. details of disciplinary proceedings, if any, initiated against officials for dereliction of duty in excise enforcement matters.

The Court, further, issued the following interim directions:

1. Special enforcement teams should be constituted by the Commissioner of Police, Jodhpur and the District Excise Officer, Jodhpur for conducting periodic surprise inspections and covert checks of liquor vends during late evening hours which would be geo-tagged and videographed to ensure transparency and accountability.

2. The respondents should submit a comprehensive report with respect to the feasibility of implementing the following technological and systemic safeguards:

   1. mandatory installation of high-resolution CCTV cameras with night vision covering the entire premises of liquor vends, with live feed linked to the District Excise Control Room and Police Control Room;

   2. digital billing and e-POS integration with the Excise Department portal, effective mechanisms to prevent concealed sales through “emergency windows”, back doors or any other structural loopholes;

   3. photographic and timestamp-based closure verification protocol at 8.00 p.m.; and

   4. centralised complaint redressal mechanism for violations of closing hours.

3. The respondents should also indicate whether a district-level integrated monitoring cell comprising officers of Excise, Police and Municipal Corporation could be established for better coordination and real-time enforcement.

4. The Excise Commissioner, Rajasthan and District Collector, Jodhpur should assess and place before the Court the position regarding liquor vends situated in close proximity to educational institutions, hospitals, residential colonies, places of worship and other sensitive public locations within Jodhpur, with specific recommendations for stricter regulation, if required.

Appointing Advocates Pradeep Khichi and Gopal Sandu as Amicus Curiae to assist the Court in the matter, the Court adjourned the matter to 6 July 2026.

Also read: ‘Present Liquor Rules appears to protect TASMAC shops and Bars’; Madras HC requests State Government to re-visit their liquor policy for the welfare of people

[Systemic Violations of Liquor Closing Hours and Excise Regulations in Jodhpur City, In re, decided on 22-5-2026]

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