The Supreme Court on Tuesday will hear via videoconference an appeal filed by the Tamil Nadu government against a Madras High Court order of May 8 to close liquor shops in the State in order to maintain physical distancing till the COVID-19 lockdown is lifted or modified.
A Bench of Justices Ashok Bhushan, S.K. Kaul and B.R. Gavai is scheduled to hear the State’s contention that an indefinite closure of liquor shops would lead to ‘grave’ revenue and commercial losses.
The State government has accused the High Court of judicial overreach, highlighting that the ban order was passed the very same day the Supreme Court dismissed an identical call to close liquor shops across the country.
Tamil Nadu, represented by advocate Yogesh Kanna and State Additional Advocate General Balaji Srinivasan, said liquor retail was owned and operated by the Tamil Nadu State Marketing Corporation Limited (Tasmac). The order, an open-ended ban, was on the basis of petitions by parties interested in keeping the State-run liquor shops closed.
On the issue of online liquor sales and home delivery, Tamil Nadu said the Supreme Court clarified on May 8 that a decision on online sales and home delivery of liquor would be entirely left to the discretion of the States.
“The Supreme Court order recognised that States have a broad margin of power to determine whether and how to effect sales of liquor in this lockdown period,” the Tamil Nadu government’s appeal said.
It said no other State, except Maharashtra where the virus figures were three to four times more than Tamil Nadu, sold liquor exclusively online. Online sales could at best supplement sales through physical outlets, it added.
“E-payment and home delivery call for immense logistical coordination and supply chain management, which need time manpower, especially in the present COVID-18 situation,” the petition contended. Besides, it pointed out that the Tamil Nadu Liquor (License and Permit) Rules, 1981 did not provide for online sales. The State would also have to amend the Tamil Nadu Liquor Retail Vending (In Shops and Bars) Rules of 2003. The High Court could not dictate liquor sale policy to the government, it said.