MIR HAZAR KHAN KHOSO, CJ.-I had the privilege to go through the draft judgment written by my brother Mr. Justice Amirul-Mulk Mengal.
2. As far as C.P. No.179/1989 is concerned, I concur with his decision, but I disagree with his decision in C.P. No.176/1989, 181/1989, 180/1989 and 187/1989.
3. It is admitted position that sale of liquor in Islamic State of Pakistan is totally banned. Is profession could be adopted only on basis of a licence issued by competent authority under certain conditions. Definition of word 'licence' finds its place in case of Government of Pakistan vs. Zamir Ahmad and others reported in P.L.D. 1975 S.C. Page-667. It reads as under:- "In its specific sence, to license means to confer on a person the right to do something which otherwise he would not have right to do. A license is in the nature of a special privilege, rather than a right common to all, and is often required as a condition precedent to the right to carry on business or to hold certain classes of property within the jurisdiction. A licence is not, however, a contract with the sovereignty issuing it, not property in any constitutional sense."
Issuance of a licence for sell of liquor is purely a privilege, it does not create any right in a licensee.
Therefore, no fundamental rights are violated by its cancellation. A licence simpliciter can therefore be withdrawn at any time, and such order is not justifiably in extraordinary jurisdiction of the Court.
4. Besides, in Islamic State of Pakistan sell/use of liquor is against injunctions of Islam. I am, therefore, not inclined to exercise my discretion in favour of the petitioners on the principle enunciated is case of Federation of Pakistan Vs. Haji Muhammad Saifullah Khan reported in P.L.D.
1989 S.C. Page- 166 (relevant page-194) The same is reproduced below:- The writ jurisdiction is discretionary in nature and even is the court finds that a party has a good case, it may refrain from giving him the relief if greater harm is likely to be caused there! Than the one sought to be remedied. It is well settled that individua interest just be subordinated to the collective good. Therefore,, we refrain from granting consequential reliefs, inter-alia, the restoration of the National Assembly and dissolved Federal Cabinet."
For the foregoing reasons, the petitions stands, dismissed.