Lawstreet Journal

State Can’t Hide Behind Public Policy to Risk the Life of People: Madras HC while Declining to Lift the Ban on Liquor Sale [READ ORDER]

Lawstreet Journal 13 May 2020 3:28pm

Image courtesy: Lawstreet Journal Judiciary State Can’t Hide Behind Public Policy to Risk the Life of People: Madras HC while Declining to Lift the Ban on Liquor Sale [READ ORDER]

“In a Republican democracy as ours, when the executive wing was to pursue a policy that is likely to destroy the right to life, the judicial wing cannot afford to sleep like Kumbhakarna.”

-Madras High Court

On May 11, 2020, the Madurai Bench comprising Justices PN Prakash and BN Pugalendhi of the Madras High Court in the matter of Bonyface and Ors. v. State of Tamil Nadu and Ars. declined to interfere with the order passed by the bench of Justices Vineet Kothari and Pushpa Satynarayanan of the Principe Bench of the Madras High Court on May 08, 2020, whereby complete closure of the TASMAC/liquor vending outlets in Tamil Nadu was directed.

The bench concluded with the remarks that “we are in complete agreement with the order dated 08.05.2020 passed by the Division Bench at the Principal Seat and we also issue directions to close down the TASMAC shops in the same lines.”

Arguing the matter, petitioners mostly relied on the guidelines issued by the World Health Organisation (W.H.O.), while the main argument of the Additional Advocate General was that COVID-19 pandemic is not going to abate in the near future and therefore, people cannot be kept in domestic imprisonment indefinitely and that makes a compelling reason to resume economic activities.

He further tried to buttress his point by arguing that the Central Government itself has permitted the sale of liquor in a phased manner, and if the same is not done, the State exchequer will continue to incur revenue losses of not less than Rs. 100 crores per day. He also submitted that “the… Continue Reading...

Tagged: Madras High Court   Online Liquor Sale  
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