The Supreme Court is scheduled to hear on Friday via video-conferencing an appeal filed by the State government against a Madras High Court order of May 8 to close liquor shops in the State, with immediate effect, to enforce physical distancing till the COVID-19 lockdown is lifted or modified.
A Bench of Justices L. Nageswara Rao, S.K. Kaul and B.R. Gavai will hear the State’s contention that an indefinite closure of liquor shops would lead to “grave” revenue and commercial losses. The State has accused the High Court of judicial overreach while 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 for 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 had 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.
“E-payment and home delivery call for immense logistical coordination, supply chain management, which needs time and manpower, especially in the present COVID-18 situation,” the petition has contended.
Another petition has been filed in the Supreme Court against the High Court order allowing online sale of liquor, saying the judicial direction was against public safety.
The petition filed by Tamil Nadu resident Seeman, through advocates K. Paari Vendhan and Prabu Ramasubramanian, said criminal prosecution should be lodged against the Managing Director of the State-run Tasmac for causing public nuisance and committing a “malignant act likely to spread infectious disease which is a threat to life” by opening 3,850 liquor shops which saw huge and uncontrolled crowds that threw physical distancing norms to the winds.
The liquor shops were initially opened following a Madras High Court order of May 6. However, on May 8, the High Court understood the danger posed by the move and ordered them to be closed while allowing online sales and home delivery.
The petition said the May 8 order was at best an “oxymoron”.
“On one hand, the High Court ordered the closure of the State-run liquor shops for flouting precautionary guidelines. On the other hand, it has allowed online sales without appreciating the fact that such a huge quantity of liquor would require person-to-person contact and precautions are not humanly manageable,” the petition said.
The petition said that the online sale and home delivery of liquor is “not feasible as it is unworkable and evidently against public interest”.
Further, it said that the High Court had not paid due consideration to the danger home delivery of liquor would pose to domestic relationships, especially to the health of young children and women.
It said the May 8 order of the High Court “destroys the purpose of lockdown during the COVID-19 pandemic”.