New Delhi: The Supreme Court (SC) on Friday stayed the Madras High Court order of 8th May wherein the HC had directed to close the state-run liquor shops and allow the sale via online mediums or by home delivery to maintain the social distancing norms amid the coronavirus pandemic. The bench also issued a notice in the matter.
The Tamil Nadu State Marketing Corporation (TASMAC) had moved to the Supreme Court challenging the HC's order saying that vast majority of the state is not equipped for online sales and they have taken necessary steps in the wake of COVID-19.
Also read: Decorated in flowers, portals of Badrinath temple reopens today; devotees prohibited till lockdown
Senior Advocate Mukul Rohtagi appearing for TASMAC contended that guidelines and restrictions were already passed by the state and the HC imposed its restrictions which it shouldn't have as it is the domain of the state policy.
"We can sell two bottles online, otherwise we can sell more. It is the prerogative of the state to decide how to sell, not the High Court's," said Rohatgi.
Contending further he said that Tamil Nadu is a big state and we do not have tender service. We can't trust somebody to deliver and there might be problems of adulteration which could lead to riots.
Advocate PV Yogeswaran appearing for the respondent argued that selling liquor is not a fundamental right but a commercial activity and we are not seeking total ban but the precautionary methods have to be followed.
The constitutional bench said that it is for the state to consider and devise modalities of state while also staying the HC order on sale after verification through Adhaar etc.
The Madras HC had passed an order after finding a violation of social distancing norms issued by the government. The order had come in response to various petitions addressing the overcrowding issue at liquor shops which were filed by various people including Kamal Hassan and Makkal Needhi Maiam party.
