'Third Wave May Not Be Far Away If The Situation Continues': Kerala High Court Comments On Overcrowding At Liquor Outlets

The Kerala High Court on Thursday 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 is not controlled.  

Justice Devan Ramachandran was hearing the second contempt petition regarding the non-implementation of the Court's order to provide a dignified way to citizens to purchase liquor from BEVCO outlets. 

The Single Bench had earlier justified that such uncontrolled and long queues are formed in front of liquor outlets since the KSBC does not retail liquor through shops where customers can walk into and wait, but through counters which are created by barricading the entrance. This was four years ago, before the pandemic had struck the nation.

However, despite several directions, the Court observed that no alterations have been done and that the situation had become quite perilous owing to the Covid-19 outbreak. The surge of the pandemic has made the equation far more complicated, the Bench observed. 

'It is now said that we are going through the second wave of the pandemic, and if this situation is allowed to continue, in the manner it is presently tolerated, the third wave may not be far away,' the Singe Bench commented. 

When customers line up in front of liquor shops and spill over to the public places and roads, it certainly is an affront to the collective dignity of society as a whole. That said, quoad hoc the customer is put to a great amount of humiliation which he is forced to endure because the sale of liquor is virtually a monopoly at the hands of BEVCO. 

The concerned authorities are duty-bound to make sure that there are sufficient facilities provided to the customers to make their choice of purchase of liquor in a civilised manner like other commodities.

When BEVCO expressed its helplessness to control the crowding, the Bench was not impressed. Justice Devan Ramachandran opined that the Court was not concerned about BEVCO's helpless, but rather about the health and lives of the citizens. Moreover, it was pointed out that BEVCO had sufficient time to build the necessary infrastructure to cater to the large demand. 

The Court refrained from looking further into the matter considering that a Division bench was already looking into the impact of these queues on the pandemic scenario. However, the BEVCO was expected to come up with greater infrastructural facilities and logistical support by now. Accordingly, the Court held that it was the duty of the respondents to make sure that the sale of liquor happens without causing a nuisance to anyone else. 

The Division Bench comprising Chief Justice S Manikumar and Justice Shaji P Chaly had 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 earlier this week.

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.

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