New Delhi: Tamil Nadu State Marketing Corporation Ltd(TASMAC) has filed a special leave petition in the Supreme Court on Saturday challenging the yesterday's Madras High Court's order which directed all the liquor shops operated by TAMAC to be closed with immediate effect till the lockdown is lifted by the central and the state governments.
"It is pertinent that in the State of Tamil Nadu all liquor retail is owned and operated by TASMAC thus the net effect of the Hon'ble High Court's order is complete and indefinite standstill of the sale of liquor in the State leading to grave losses to the State's revenue and commercial activity in the state," read the petition.
TASMAC contends in its petition that the HC's order is factually untenable and legally unsustainable as the Supreme Court yesterday had already refused to entertain a similar petition which sought ban of liquor sale during the lockdown as it was the policy of the states to take care of.
The apex court had yesterday said that the state should consider indirect sale/home delivery of liquor to maintain social distancing but did not pass any orders mandating the state to do so.
The petitioner contended that the HC's order is a case of judicial over reach and has pushed the petitioners to a position where they have to sell only via online methods and home delivery. "It is pertinent that online modes of effective liquor sale are not even available in the vast majority of State at present and can only be implemented after following the due procedures under law," read the petition.
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It also cited the Home ministry's order which had allowed the liquor shops to open subject to some conditions to prevent the spread of corona virus and said that after the ministry's order, the Managing Director of TASMAC also issued guidelines to its employees and shoppers ensuring social distancing and hygiene.
Further, the petitioner contends that the state has made "elaborate bandobast arrangements" to control the crowd, police has taken action everytime whenever the place got over crowded and TASMAC itself has stopped sales at 12 such shops where over crowding was reported.
"The overcrowding that takes place at certain shops is something that all states have faced where re-opening their liquor stores after 41 days of lockdown which these states have regulated effectively by police action in controlling the crowds and shutting down the affected shops which was so done in the present case. The Ld. Court passed its order on unsubstantiated media order which it ought not to have done," read the petition.
Earlier, a division bench of the High Court comprising Vineet Kothari and Pushpa Satynarayana, taking note of long queues and assembly of large crowds outside liquor shops, ordered the closure of alcohol vending outlets in Tamil Nadu till the lifting of lockdown.
The High Court observed people have blatantly violated the conditions imposed for regulating the crowd in TASMAC shops selling liquor.
The court observed that about 3,850 shops across the state were opened, and a record sale of Rs 175 crore was made.
"It is also reported that the number of police personnel being infected with COVID-19 disease is also on the rise and deploying them for controlling the crowded tipplers before the TASMAC shops would also put their life at risk, besides preventing them from discharging their duties in places, where their services are really required", the High Court had observed.
