SC stays Madras HC order on closure of liquor shops in TN

In a huge relief to the Tamil Nadu government, the Supreme Court on Friday (May 15) stayed an order passed by the Madras High Court directing the state not to open liquor shops run by the Tamil Nadu State Marketing Corporation (TASMAC).

A bench, comprising Justices L Nageswara Rao, S K Kaul and B R Gavai, in the proceedings held through video conferencing, stayed the May 8 order of the High Court after taking note of the appeal of the TASMAC.

Senior advocate Mukul Rohtagi, appearing for the TASMAC, said the High Court should not have imposed its own conditions for the sale of liquor by entering into the state’s domain of policymaking. He said that it was states prerogative to decide how to conduct the sale of liquor and contended that the High Court cannot decide the mode of selling.

Related News: Liquor shops in Kerala to open soon, sale to be made online

“We do not have tender services, it is impossible. How can we sell online? There are many issues regarding adulteration and other such considerations. How can we trust someone to carry liquor?” Rohatgi asked.

Urging the bench not to intervene in the matter, Lawyer PV Yogeswaran, appearing for the respondents, said the sale of liquor was not a fundamental right and precautionary measures must be taken in view of COVID-19 pandemic.

It all began when the Tamil Nadu government opened around 3,850 liquor shops across the state, except the capital Chennai, on May 7. By doing so, the state drew the irk of opposition parties that staged protests against the decision.

The government, however, said people residing in areas bordering  Andhra Pradesh and Karnataka had been going to the states to buy liquor as they had opened shops.

Related News: Forget returning to power if you open liquor shops: Rajinikanth warns AIADMK

The next day, the Madras High Court, while hearing a batch of petitions against the state’s move, ordered the closure of the outlets for the time being on the ground that there was a violation of guidelines such as social distancing meant to contain the spread of COVID-19.

On May 9, the state government moved the Supreme Court seeking a stay on the High Court order. It argued that the closure of liquor shops would lead to “grave losses” in the state’s revenue, which, in turn, would result in a complete halt in commercial activities.

Meanwhile, the link of a webpage, claiming to sell liquor online, began doing the rounds on WhatsApp and other social media platforms on May 14. It had a list of a few varieties of liquor. However, the state government immediately denied them as fake advertisements. The police have warned people not to fall prey to such fake portals. The website was later pulled down.