'Health More Important Than Revenue' : Kerala High Court Seeks Explanation For Overcrowding At Liquor Outlets

The Kerala High Court on Wednesday sought an explanation from the State regarding its failure to ensure compliance with COVID protocols outside state-run Beverages Corporation's liquor stores, citing overcrowding at various places.

A Division Bench of Chief Justice S Manikumar and Justice Shaji P Chaly observed that although periodical orders were issued by the Centre and State regarding COVID protocol guidelines, 'they do not seem to be observed in letter and spirit at some places, particularly liquor shops'.

This comes after two PILs were filed seeking action from the State to prevent overcrowding outside liquor stores amidst the pandemic. One of these was filed by a lawyer, Advocate K Vijayan and the second was initiated by the Court suo moto based on a letter by one of its judges addressing the same issue.

Advocate C Rajendran while representing Advocate Vijayan submitted that the photographs depicted overcrowding outside liquor outlets with the police standing there as mute spectators.

Upon perusal of the photographs submitted with the letter and the petition, the Bench observed that there was large-scale gathering and long queues in front of liquor shops with no compliance whatsoever to Covid 19 protocol norms in State such as social distancing. From the photographs, it was clear that social distancing was not maintained, and most of these shops were located on roadsides and near residential buildings, thereby causing potential risk to the larger public at a time like this.

"...it is to be added that as of today, the State of Kerala stands No.1 in COVID-19 cases.The government, on the one hand, is trying to reduce the number of COVID cases, by taking appropriate measures, vaccination, etc. Simultaneously, crowding at public places should not be allowed, more particularly, in liquor shops. Health is more important than revenue," the Bench emphasized.

On this ground, the Bench sought a detailed report from the State government on its failure to observe COVID protocol in the shops shown in the photographs.

It was also observed by the Court although it is clearly mentioned in the central and State orders that any lapse in following the restrictions would be viewed seriously, no action had been taken against the defaulters so far. Condemning the entire situation, the Bench also directed the Excise Commissioner to file a detailed statement regarding the matter.

According to the petition, the State government had prohibited the sale of alcohol in Kerala during the second wave of COVID-19. Accordingly, liquor shops reopened only on June 17. However, since the government decided to increase the wholesale profit of BEVCO, the sole distributor of liquor in the state, from 8 to 25 percent, bars and hotels were forced to close sales of all kinds of alcohol except beer.

Consequently, despite the rise of COVID-19  cases, people lined up in front of liquor outlets of BEVCO, without following any protocols on social distancing, to purchase alcohol since it was not available elsewhere.

The state government claimed in the court that appropriate directions have already been issued regarding opening of these shops and compliance of COVID protocol. It was also submitted that suitable action would be taken to avoid crowding and queue, at the liquor shops and that strict compliance of COVID protocol would be ensured in all the liquor shops run by BEVCO.

BEVCO while justifying the long queues informed the Court that liquor shops were closed for a while and reopened on June 17.

The matter has been listed for further hearing on July 13th.

Click Here To View The Order