Supreme Court advises states to initiate online sale, home delivery of alcohol
NEWDELHI: The Supreme Court on Friday refused to stop the sale of liquor across the country but took the view that states should consider online sale or home delivery in keeping with social distancing norms.
The observation by the court came on a PIL filed by a public-spirited citizen Guruswamy Nataraj who sought a stay order on the May 1 notification issued by the Centre permitting liquor vends and shops to open across the country from May 4.
The petition highlighted the public health threat attached with this decision. Social distancing was given a complete go-by at some of these vends that saw unmanageable crowds. At some places in Delhi, Rajasthan, Karnataka and UP, police had to resort to a lathicharge.
Arguing the petition, advocate J Sai Deepak told the bench that direct contact sale of liquor must stop. In case of absolute necessity alone, the Centre must consider modifying its decision to permit online sale of liquor, he added.
The bench of justices Ashok Bhushan, SK Kaul and BR Gavai saw merit in the suggestion of providing liquor online but felt this decision rested with the states and not the Centre. Chhattisgarh has started online sales and Punjab has arranged for home delivery of alcoholic beverages. The option of online sale has been provided by Delhi government and in Karnataka the same was undertaken as an experiment, Sai Deepak told the bench.
But he felt that a uniform directive must come from the Centre as an entire country under lockdown cannot afford to give social distancing a go-by. This would also negate the effect of the complete lockdown aimed at flattening the curve of the coronavirus disease, he argued.
Solicitor general Tushar Mehta, present during the hearing conducted through video conferencing, said the decision of the Centre does not restrict states from resorting to online sale. The matter was dismissed but the bench noted in its order, “It shall be open for the concerned state government to consider non-direct sale including online sale/home delivery of liquor to facilitate social distancing”.
Liquor sales have shored up state coffers that were running dry. States have resorted to levying additional tax as high as 70% on sale of liquor but this has hardly dented demand. The petitioner told the court that there are only 70,000 licensed liquor vends in the country, which can hardly meet the demand. But the court felt that any decision on sale of liquor lay exclusively within the policy domain of the governments and for this reason it refused to tie the Centre’s hands.