Liquor ban an excessive judicial activism: Kerala FM Thomas Isaac

NEW DELHI: Kerala finance minister Thomas Isaac has termed the Supreme Court ban on sale of liquor near national and state highways as "excessive judicial activism."

The Kerala state cabinet will soon decide on how to deal with the situation following the SC order. It is learnt that the state will approach the Supreme Court to seek more time for implementing the order. There is already a debate whether the state should seek denotification of 'affected highways', seek a judicial review or approach the Centre to explore legislative remedies, the minister said.

"I am sorry to say that the Supreme Court banning liquor vends and bar-attached hotels along 500 metres of national and state highways is a clear case of excessive judicial activism. It is also devoid of proper understanding of various complicated administrative, economic and social issues the state governments now will have to confront with," Isaac told ET.

Related: Kerala sees three to five hours wait in queues for liquor

Isaac said that Rajasthan denotifying highways to bypass the verdict was an indication of things to come. "What will happen to hundreds of bar-attached hotel buildings operating along highways? It is simply not possible to relocate them. Can we just shut them down and let them ruin? What happens if people consume liquor from shops or hotels functioning from new permissible distances? Experiences and studies have shown that imposing ban on liquor always leads to proliferation of spurious liquor, drugs etc in society," he said.

To curb drunken driving, the court should have insisted on stringent rules, including enhancing fine and other punishments such as cancellation of driving licenses for violators, he said. Restrictions on liquor sale along highways will hit around three-fourths of existing bar-attached hotels and liquor vends in Kerala, leading to a monthly loss of approximately Rs 9,000 crore to the state exchequer besides causing large-scale loss of jobs in liquor shops and hospitality sector, he said.

Related: Liquor ban on highways: States divided on political lines?

"The SC order imposing further restrictions on availability of liquor will badly hit tourism industry in Kerala, leading to major loss of revenue of employment opportunities. This will also lead to our state losing further its annual inflow of international tourists to competitors such as Sri Lanka."

Kerala has been caught in a political tangle ever since the erstwhile UDF regime delicensed liquor bars in hotels and restaurants except five-stars. While the decision was sought to be justified by citing, 'menace of growing alcoholism' in Kerala and based on assumption that it will generate wide-spread support from society, especially women, the UDF was routed by the LDF in last year's elections.

The Catholic Church in Kerala that actively campaigned for prohibition, meanwhile, ironically matched it with a demand for increasing its permitted quota for manufacturing mass wine.

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