HC tells Delhi govt to take call on online sale, home delivery of liquor by May 15

On Wednesday, during the hearing, the Centre informed the bench that several states had started the online sale of alcohol.

The Delhi High Court has asked the Delhi government to decide on the online sale and home delivery of liquor in the national capital by May 15. The Delhi government assured the court that it would decide by the mandated date.

A man carries alcohol bottles outside a liquor during lockdown, in Jheel Chowk, New Delhi. (Sonu Mehta/HT PHOTO)

A bench of justices Rajiv Sahai Endlaw and Sangita Dhingra Sehgal was hearing a plea by a 21-year-old law student, Aadhaar Gaur, who had sought a ban on the sale of liquor in the city. He had challenged the May 3 notification of the Delhi government, which had permitted the sale of liquor.

On Wednesday, during the hearing, the Centre informed the bench that several states had started the online sale of alcohol. Gaur submitted that the petition was not maintainable and that a similar matter had been dismissed by the Supreme Court of India.

The Delhi government’s counsel submitted that the sale of liquor was a matter of public policy and it was for the state to make a decision. The court sought to know from him as to what decision had been taken pursuant to the May 11 order of the HC, where it had directed both the Centre and the Delhi government to decide on the online sale of delivery at the earliest.

Following such submissions, the court refused to pass an order and said that all the contentions of the petitioner had already been heard and considered.

“Having considered the contentions of the counsel for the petitioner, we do not find any need or case made out to take a different view than that taken in the order dated May 11. Though the counsel for the petitioner contends that the submissions as made by him today were not considered on May 11 but all the said factors were considered and debated during the hearing, though may not be recorded in the order since the Supreme Court had to make a decision; only constructive suggestions which could help the GNCTD in taking a decision were recorded in the order aforesaid.

“This petition is also thus liable to be dismissed and is dismissed but binding the GNCTD to take a decision as assured,” the court said.