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Kerala High Court advises state to legalise liquor policy

The court was considering a batch of appeals filed by bar owners

Kochi: Kerala High Court on Tuesday asked the State Government to legalise the newly evolved liquor policy by formulating a law as per the Constitution of India. A division bench comprising Justice Thottathil B Radhakrishnan and Justice P B Suresh Kumar issued the directive when Advocate General K.P.Dandapani submitted the new liquor policy before the court. As per the new liquor policy the State has decided to close down all the bars in the State except those in five star hotels. The State has also decided to shut down the beverages outlets in a time-bound manner.

After going through the Government Order the bench observed that the State had only drafted a liquor policy. What was needed was law. "The policy is still a ball in the hands of the State", the court observed and added that the Government was quite aware of the legal situation and it had promised to take action immediately. The AG made it clear that the State would form a law after further discussions. The court posted the case to September 17 and asked the State to submit the progress made in the issue.

The court was considering a batch of appeals filed by bar owners. Taxes Secretary A.Ajith Kumar, meanwhile, in an affidavit submitted that the Excise Commissioner had constituted a team of officers to conduct inspections in 105 hotels. In the meantime, the Government had come out with a new Abkari Policy whereby it has decided to close down all the bars except the ones in five star hotels. The State further submitted that inspections in the rest of the hotels in the list of 418 bars, were in progress.

The State, however, asked whether the report was required to be submitted in the wake of the new policy decision. After going through the affidavit, the court observed that with the new policy, its previous order to conduct inspections in bar hotels had become irrelevant.

Meanwhile, Justice C.T.Ravikumar adjourned the hearing of the petitions filed by bar owners challenging the new Abkary Policy to September 18, after considering the division bench order.

High Court’s pleas

  • After going through the GO the bench observed that the state had only drafted a liquor policy. What was needed was law.
  • By a law the government can legalise the newly evolved policy
( Source : dc correspondent )
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