Liquor consumption not a fundamental right: Kerala High Court division bench

In a landmark judgement that upheld the liquor policy, Division Bench of Kerala HC ordered closure of all liquor bars in state except five-star bars.

Liquor consumption not a fundamental right: Kerala High Court division bench
KOCHI: In a landmark judgement that upheld the liquor policy of the state government, the Division Bench of Kerala High Court on Tuesday ordered the closure of all liquor bars in the state except the five-star bars.

The court order will thus pave the way for the shutting down of nearly 300 bars from Tuesday night.

Only about 24 five-star liquor bars will be allowed to function in the state. The order by Kerala High Court division bench comprising Justice KT Sankaran and Justice Mathew P Thomas has also led to the closure of four-star bars and heritage bars.

The state has the right to for mulate policies with regard to all matters pertaining to liquor. The court said that it was not interfering with this right. It dismissed the argument that bars should remain open to encourage tourism. It also rejected the argument that the closure of bars will lead to unemployment.

The consumption of liquor was not a fundamental right, the court observed. The gov ernment has the right to decide the matters with regard to its sale. The court observed that bars need not be worried about the loss of revenue to the state.

Reacting to the order KPCC president VM Sudheeran, who led the movement against liquor, said that it was the happiest day in his public life. He described the court observation that liquor consumption was not a fundamental right as “historic“.
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Excise minister K Babu said that all bars, except the fivestar bars, will be closed down on Tuesday based on the order. The closed bars will be given beer and wine parlour licence if they apply, he said.

Bar owners said that they will approach the Supreme Court on Wednesday.

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