HC directs Centre, Delhi govt to consider suggestions on sale of liquor in city amid COVID-19 crisis
May 12, 2020
New Delhi [India], May 12 : Delhi High Court has directed the Centre and Delhi government to take a decision on liquor sale in the wake of COVID-19 crisis after considering the suggestions made by petitioners so more damage, than what has already been done, is not caused.
However, the high court refused to grant any relief on the issue related to liquor sale saying that courts are not equipped to decide such matters which are in exclusive domain of the executive.
With these directions, a Bench of Justice Rajiv Sahai Endlaw and Justice Sangita Dhingra Sehgal on Monday disposed of a batch of petitions over the sale of liquor in the national capital.
The court said that it has learnt that the online issuance of e-tokens for purchase of liquor has not met with much success owing to the token holder thereof still being required to spend considerable time at the shop and which leads to crowding.
"We have inquired, whether at the time of applying for e-token, the patron is able to make a choice of brand of alcohol desired to be purchased, to know the availability thereof and to make payment thereof. We are of the opinion that for e-tokens to effectively reduce the time spent at the liquor vends, these factors are essential," the court said in its order.
The counsel for the Government of NCT Delhi said that he has no instructions on this aspect and if these factors have not been considered, consideration thereof in the decision making will be ensured.
The court left it up to the governments to take such decision with inputs from what has transpired during the hearing and to accept suggestions which may be found to be workable.
One of the petitions, filed by Sajag Nijhawan through advocates AS Chandiok and Simran Kohli, sought to permit online sale of liquor and for home delivery and a direction to be issued to the Delhi government to devise a methodology therefor.
The court said that from the news reports of conduct of patrons of alcohol, on reopening of liquor outlets after more than a month, it appears that home delivery of alcohol would be fraught with security and safety issues.
"The possibility of alcohol being snatched during transit cannot be ruled out. The possibility of home delivery of alcohol, distribution whereof till now is largely in the hands of State, would also increase the possibilities of adulteration of alcohol, also resulting in loss of life. It appears that transit of alcohol from home to home would have to be in the same manner and style as transit of cash between banks and between banks and ATMs," the court said.
Another petition had sought directions to immediately stop the sale of liquor in the Delhi and to not allow the sale of liquor till the situation prevalent in the country in the wake of COVID-19 improves.
