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Top court stays HC order asking TN to shut liquor shops

The Supreme Court paved the way on Friday for the resumption of liquor sale through state-run outlets in Tamil Nadu, staying the Madras high court (HC)’s orders

Published on: May 15, 2020, 23:49:30 IST
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The Supreme Court paved the way on Friday for the resumption of liquor sale through state-run outlets in Tamil Nadu, staying the Madras high court (HC)’s orders that directed the closure of such stores operated by the Tamil Nadu State Marketing Corporation (TASMAC).

HT Image
HT Image

A bench headed by justice L Nageswara Rao, however, orally observed that the ultimate decision on whether liquor should be sold and how the sale should be made rests with the government.

“Issue notice. In the meanwhile, there shall be ad interim stay of orders dated 6.5.2020 and 8.5.2020 passed by the High Court of Judicature at Madras,” the bench, which also comprised justices Sanjay Kishan Kaul and BR Gavai, said.

In a May 1 order, the central government allowed states to sell liquor in standalone shops and said social distancing should be followed in such outlets.

Subsequently, the Tamil Nadu government issued a public notice on May 4, announcing that TASMAC outlets, which were shut since the lockdown was imposed on March 25, would reopen on May 7.

But on a public interest litigation by one B Ramkumar Adityan, the high court passed an order on May 6, regulating the sale of liquor. It ordered that “not more than two bottles of 750 ml each (including wine, beer etc.) of any one type will be sold to one customer at a time”.

Further, it directed that a customer cannot make purchase of liquor more than twice a week. Directions were also issued to encourage online payment instead of cash payment.

The Tamil Nadu government and TASMAC, which approached the Supreme Court against the HC order, said when TASMAC outlets opened on May 7 after a 44-day shutdown, the high court directions led to overcrowding and worsened the queues.​

Then, in another order on May 8, the high court directed that TASMAC can sell liquor only through online mode, after the reopening of liquor outlets on May 7 led to overcrowding and long queues outside the outlets.

This direction was reiterated by the Madurai bench of the high court on May 11 in another ​case.

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