The apex court also directed Kerala high court to declare a verdict in the petitions filed by bar owners in the state shortly.
The Kerala excise department has already issued notices to the bar hotels to stop functioning from tomorrow. The latest court order extends the life of these bars by 18 days.
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The Supreme Court bench said the state government should file a counter affidavit in the matter in HC before September 16. “If complete alcohol prohibition was the aim, why can’t Kerala follow the Gujarat model,” the court asked.
Kerala has passed an order banning the sale of liquor at bars and hotels below the five-star category and the ban order was supposed to come into force by midnight of September 11.
The Kerala government had filed a caveat stating bar owners filed petitions in the Supreme Court against the closure of bars.
The court questioned the logic of the policy as it allows functioning of bars in five star hotels. The bench questioned why the government was allowing bars in five star category hotels besides questioning the logic in categorising bars in Kerala.
The bench also asked how they can implement total prohibition by opening 338 outlets of the Beverages Corporation and 45 outlets of Kerala State Consumers Cooperative Federation (Consumerfed).
The Kerala HC will consider the case on September 18. It will consider a set of petitions against the closure of 418 bars and the latest Abkari orders implementing the new liquor policy of the government.
Meanwhile, finance minister KM Mani and Industries minister PK Kunjalikkutty told mediapersons SC order was not a set back to the government and the court has only said to maintain status quo till September 30.
This is not against the spirit of the new Abkari policy of the government, they said. “We have got enough time to discuss the order and will approach the HC,” Mani said.
Opposition leader VS Achuthanandan said the order is a severe blow to the government and chief minister Oommen Chandy.
There is discrimination in allowing bars in five star category hotels. By opening the Beverages Corporation outlets how can total prohibition be implemented, he asked.
Excise minister K Babu expressed displeasure over the apex court’s order. He said the department will study the order and file an affidavit in the HC.
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