An attempt by a tippler to make the Kerala State Beverages Corporation, the State-owned retail and wholesale dealer of Indian Made Foreign Liquor, to home deliver the usual quota of spirit misfired on Friday as the Kerala High Court not only dismissed his petition in this regard but imposed a fine of Rs 50,000 as cost of the case on Jyothish, the petitioner.
The demand of Jyothish was to make the liquor available through online platforms. His contention was that in the backdrop of coronavirus COVID, it has become risky to stand in the long queue in front of the retail outlets to purchase the regular quota of liquor. There are no dearth of customers queuing up in front of the BEVCO counters because the State is one of the largest guzzlers of liquor in the country.
Jyothish pleaded before the court that the retails were crowded during business hours and it was unsafe to wait hours in front of the “watering holes” for procuring alcohol for consumption. His suggestion was that the BEVCO could start distributing the spirits through on-line service whereby the material would be home delivered.
But AK Jayasankaran Nambiar, the judge who heard the petition was neither amused nor humored by the contention of the petitioner. “The citizenry ought to realize that the restrictions imposed by this Court on the filing of cases is with a view to ensuring that their fundamental rights as citizens, for access to justice is, guaranteed to the extent possible, even at the cost of exposing the judges, lawyers, Clerks and staff of this court to the risk of viral infection. When measures such as these are adopted by the Institution in public Interest , the very least that is expected from the litigating public is a sensitivity to the interests of their fellow citizens in society who like them have a fundamental right to a safe place of work and a healthy environment. One cannot help but lament at the selfishness of the petitioner in the instant case , and others like him in society whose obsession with perceived rights blinds them to the obligatory duty that they owe to the fellow citizens,” said the judge while dismissing the petition.
He also pointed out that ‘the petitioner’s conduct in filing a frivolous petition at a time like this while making a mockery of the salutary concept of access to justice which this institution strives to guarantee also ridicules the functioning of this noble institution. For the said reckless, insensitive and insolent action, the petitioner cannot be let away lightly.’
The amount of Rs 50,000 will be paid to the Chief Minister’s Distress Relief Fund.
Old timers in the capital city of Thiruvananthapuram recalled an incident that took place in 1986 when late Prof M P Manmathan, a Gandhian who devoted his life to bring in total prohibition in the State staged a demonstration in front of the State secretariat demanding the closure of all liquor shops. A renowned film personality led a rally of 100 tipplers demanding the provision of ‘quality’ liquor through retail outlets!
Though Kerala is reeling under the impact of Corona Virus, the liquor outlets are operating to capacity much to the shock of the population. The Government has ordered the closure of schools and colleges but not the liquor outlets.