Kochi: In a major victory for the state in the bar licence issue, Kerala high court on Thursday partially upheld the state’s liquor policy resulting in the immediate closure of 668 two and three-star bars. The court, however, set aside the state’s decision to close down four-star bars and heritage property hotels. With the order, only 33 four-star bars, eight heritage bar hotels and 21 five-star hotels will function in the state from Friday onwards.
Justice K. Surendra Mohan also declined a petition by bar licensees seeking two weeks’ time to close down the bars. The court observed that the apex court had already permitted the bar owners to function till the high court passed an order so that there was no scope for a further order.
Accepting the contentions put forward by former law minister Kapil Sibal, the court observed, “The abkari policy 2014-15 is sustained in all other aspects, except in the case of four-star and heritage category. The challenge against the policy by the two-star and three-star and hotels having no classification fails,” the court held.
Senior apex court counsel Aryama Sundaram and Indira Jaising appeared for the petitioners. “The abkari policy, to the extent it excludes hotels having four-star and heritage category hotels from the eligibility to be granted FL-3 licences under the Foreign Liquor Rules, is set aside being arbitrary and violative of article 14 of the Constitution. The consequential amendments to the FLR as well as the proceedings of the excise commissioner cancelling the licences of such hotels are also set aside,” the court held.
The court pointed out that hotels with classification of four-star and above are not frequented by the youth, students or the less affluent society.
