The issue of the banning of liquor vends in the proximity of highways (500m) came up for hearing again on March 29, before the Supreme Court bench of Chief Justice of India (CJI) J S Khehar and Justices DY Chandrachud and L Nageswara Rao.
Tamil Nadu and Telangana sought amendments to the apex court’s earlier directive. Attorney General Mukul Rohatgi, arguing their case, said: “Punjab said the ban should apply not only to national highways, but also to state highways. State highways criss-cross several areas, including going through small towns. At places there will be only one road, and that may be the state highway.
“The original PIL was from Punjab, but your lordship extended it to entire country,” Rohatgi said. “The 500m ban cannot be applied universally. In some areas within 500m you may reach the village. It has to be different for different states.”
“My suggestion is that now there are all kinds of applications available [to check drink driving],” Rohatgi said, suggesting that these may be put to use. “This general ban will result in incalculable loss to state revenue and to business. Look at this in the context of the states and districts. Kindly keep this in view and please defer it and hear it.”
At this, the CJI asked: “How many liquor vends [are there] in one state’s highways? 100? 200?
Rohatgi said: “There will be around 5,000 in the state of Tamil Nadu.”
Justice Chandrachud pointed out: “As per your affidavit along state highways it’s 1731.”
KK Venugopal, also representing the states, said that they get huge revenue from liquor vends. “Tamil Nadu alone generates around Rs 25,500 crore. That could be a huge loss to the state’s revenue.”
He also said that accidents are not much due to drunk driving. Justice Chandrachud did not agree. He said: “We are made to understand that most of the drunken driving cases are not reported so as to get the insurance.”
The CJI suggested that the states should provide an alternative to the revenue loss. “The person who loses his life has gone. The person’s family is suffering.”
Meanwhile, the Federation of Hotel and Restaurants’ counsel CS Sundaram submitted that hotels and restaurants, including five-star hotels next to highways, are also not given licences.”
Manoj George, appearing for the original petitioner NGO from Puducherry submitted that in Mahe itself there are 64 liquor vends, an area filled by liquor shops only. “Your lordships have only prohibited it from highways. Not total ban, which is necessary for the safety of the people.”
The hearing will continue on March 30 afternoon.
—By India Legal Bureau