The Supreme Court has left it to the Tamil Nadu government to decide the legal modalities and guidelines for the online sale of liquor.
Senior advocate Mukul Rohatgi, Additional Advocate General Balaji Srinivasan and advocate Yogesh Kanna, for the State, on Friday submitted that 90% of shops were open with anti-COVID safeguards in place.
A bench led by Justice Ashok Bhushan gave the State three weeks’ time to file an affidavit setting out steps taken following the court’s interim order permitting sales.
The court made oral remarks disagreeing with submissions that the Madras High Court should hear the issue. On May 15, the apex court ordered an interim stay of a Madras High Court order of May 8 to close liquor shops in the State with immediate effect to maintain physical distancing till the COVID-19 lockdown is lifted or modified.
The State at the time vociferously argued that the High Court order was arbitrary and unreasonable.
“It is the decision of the State how and what to sell... Why should the High Court get into it? Why should a person need an Aadhaar card to buy liquor? Plus, we cannot trust anybody to carry liquor. There will be riots. Tamil Nadu is not like Delhi,” Mr. Rohatgi had submitted on May 15. Mr. Srinivasan submitted that the State was enforcing and monitoring physical distancing norms.
The May 8 High Court order for an open-ended ban was on the basis of petitions by parties interested in keeping the State-run liquor shops closed.
On the issue of online liquor sales and home delivery, Tamil Nadu has specifically maintained that “e-payment and home delivery call for immense logistical coordination, supply-chain management, which needs time, manpower, especially in the present COVID-19 situation”.
Besides, it pointed out that the Tamil Nadu Liquor (License and Permit) Rules, 1981, did not provide for online sales. The State would also have to amend the Tamil Nadu Liquor Retail Vending (In Shops and Bars) Rules of 2003. The High Court cannot dictate liquor sale policy to the government.
The State issued a government order on May 5 to resume the operation of Tasmac shops from May 7. The order was in line with a directive issued by the Union Ministry of Home Affairs on May 1 permitting the sale of liquor in States, subject to physical distancing.
