The Supreme Court of India on Friday stayed the order of Madras High Court which directed the closure of all liquor shops due to huge crowd gathering outside retail outlets and blatant violation of norms setup by the TASMAC.
The Tamil Nadu State Marketing Corporation (TASMAC) has filed an appeal before Supreme Court challenging the order passed by the division bench of Madras High Court only a day after it has closed the liquor shops.
Shri Mukul Rohatgi, Senior Advocate appearing for the TASMAC said that the restrictions had been imposed for violation of social distancing, sanitising norms and the High Court passed its own guidelines beyond the jurisdiction. He said that we can sell two liquor bottles online and through retail outlets more can be sold. Also, it is the prerogative of state to decide how to sell the liquor and not that of High Court. He raised objections on online delivery of liquor as the same could lead to adulteration and other issues. He insisted that the Supreme Court must stay the impugned order as the High Court cannot pass such orders.
Counsel appearing for the respondent said that liquor is not a fundamental right but a commercial activity and they are not seeking complete ban on liquor. The Tamil Nadu Government on 6th of May issued order permitting opening of TASMAC shops in order to increase already falling revenues due to lockdown. This lead to gathering of huge crowds and queues outside retail shops leading to violation of social distancing norms to contain spread of COVID-19.
Acting upon the plea, the bench consisting of Justice L. Nageswara Rao, Justice Sanjay Kishan Kaul & Justice B. R. Gavai, granted the interim relief and stayed the impugned order passed by Madras High Court.
-India Legal Bureau