Kerala High Court Expresses Concern Over Continuing Overcrowding In Front Of Liquor Outlets

The Kerala High Court on Wednesday expressed its concern regarding the continuing overcrowding in front of liquor stores operated by the Kerala State Beverages Corporation (BEVCO). 

The Court was hearing a contempt matter regarding the non-implementation of the Court's order to provide a dignified way to citizens to purchase liquor from BEVCO outlets.

Justice Devan Ramachandran while commenting on the delay that ensued in implementing the directions issued by the Court 4 years ago, remarked as such -

"I don't have any hesitation in stating the truth. You want to sell liquor, but you don't want to be seen selling it." This remark is with reference to a dark, dingy, and barricaded liquor outlet found in the city. 

During yesterday's proceedings, the Court had reprimanded BEVCO after finding the aforementioned liquor store in a pitiful condition. Government Pleader S. Kannan today submitted that this store was included in the list of 96 shops found to be short of basic facilities.

Upon being asked why it was still operating, the Government Pleader submitted that directions were issued to all these liquor stores as soon as they were found to be lacking facilities.  

Advocate Naveen T representing BEVCO in the matter responded that the said directions were to the effect of shifting these outlets and not for shutting them down. He submitted that all the 96 shops mentioned in the list are were still functioning with required licenses from the Excise Department.

BEVCO also objected to the shifting of some of the stores mentioned under the said list, claiming that most of them were  It was added that most of them were upgraded recently and that they were equipped with sufficient facilities. The Court refused to entertain this objection directing the Corporation to take them up against the Excise Commissioner and added, "How can I permit a store to function in this fashion?"

When asked how long it will take to complete shifting the 96 stores, the Standing Counsel for BEVCO responded that it will take more than 3 months, since they had to apply for fresh licenses from the Excise Department.  

However, this was not recorded since the Government Pleader brought to the attention of the Court that a similar matter was pending before the Division Bench of the Court. 

More importantly, the Bench had posed a question yesterday as to why Clause IV of the Government Order dated 4th August 2021, was not made applicable to liquor stores. According to this clause, individuals are only allowed to enter establishments if they are vaccinated with at least one dose or if they possess a negative test report.

The Court initiated this discussion today with clarification as such -

"For everyone interested in this matter, I want to make it clear that the Court did not ask anyone to get vaccinated to enter liquor store. It was only clarifying why these directions issued by the Government do not apply to liquor stores, since these outlets are selling an article as well just like other shops." 

It was further questioned as to why a direction issued by the Government will provide preferential treatment to liquor outlets. 

The Bench also expressed its concern regarding the overcrowding and long queues in front of liquor outlets. 

"You have to understand, it is not only the person buying the liquor who is made vulnerable to the virus when you don't impose regulations. He goes back home and exposes his entire family to this risk. This is why the TPR in the State is skyrocketing. We have two options - a complete lockdown or to prevent such overcrowding, to control the pandemic."   

The Bench, therefore, urged the State and the Corporation to implement measures to adequately protect the collective dignity of the society and that of the customers and to protect them from the virus. Standing Counsel Naveen guaranteed the Court that he will take all proactive measures to take care of fthis.

It was therefore held that every direction given by the Government will apply in full force to all establishments and that liquor outlets will not be given preferential treatment for the same. The matter has been posted to 2nd September for further hearing. 

On an earlier occasion, the Court had commented that the third wave of Covid may not be far away if the overcrowding in front of liquor outlets without adherence to Covid protocol was not controlled.

Case Title: My Hindustan Paints v.S. Aanathakrishnan IPS