[COVID-19] Crowding at public places, liquor shops should not be allowed; Health is more important than revenue: Kerala High Court

The Kerala High Court on Wednesday issued directions to the State to file a detailed report as regards the failure to observe Covid protocol outside the state-run Beverage Corporation (Bevco) liquor outlets in Kerala (Adv. K Vijayan Vs State of Kerala, Suo Motu Vs. State of Kerala)..The Court also directed the Excise Commissioner to file a detailed statement regarding the failure to follow Covid Protocol guidelines in these shops..A Division Bench of Chief Justice S Manikumar and Justice Shaji P Chaly, while issuing the directions, cautioned the State saying,"As on today, State of Kerala stands No.1 in Covid 19 cases. Government, on the one hand, is trying to reduce the number of Covid cases, by taking appropriate measures, vaccination, etc. Simultaneously, crowding at public places should not be allowed, more particularly, in liquor shops. Health is more important than revenue.".The Bench issued these directions on a petition filed by advocate K Vijayan and a suo motu petition initiated by the Court after a High Court Judge addressed a letter to the Chief Justice regarding the issue of overcrowding outside Kerala State Beverages Corporation (KSBC) outlets in violation of COVID-19 protocol..Advocate C Rajendran, appearing for the petitioner, submitted that because of the government's policy directing bars and hotels to sell liquor at the same retail price as offered by Bevco outlets, most bars and hotels have stopped selling liquor as it would affect their profit margin. The government had issued orders prohibiting sale of alcohol during the second wave of the pandemic and re-opened the Bevco outlets only by mid-June. Consequently, people have been flocking to Bevco outlets en-masse and are seen crowding at the stores without complying with the physical distancing COVID protocol. .In the letter written by a judge of the Court, several photographs were attached showing large gatherings and people standing in long queues outside liquor stores.Upon perusing these photographs, the Court observed that social distancing is evidently not maintained or enforced. Moreover, these shops are located on the side of public roads and near residential buildings, putting other people at risk as well. .State Attorney N Manoj Kumar submitted that appropriate directions have already been issued by the government, regarding the opening of these shops and maintenance of Covid protocol, including social distancing.He also pointed out that the images of crowding outside liquor stores represent the situation only outside a few stores but assured the Court that the government would take appropriate action to reduce instances of queuing without any lapse in Covid protocol..Standing Counsel, appearing for KSBC, explained that liquor shops were closed for few days and were opened on June 17 which resulted in the present surge. He also informed the Court that KSBC itself issued Circular on June 16 to all the Regional Managers, DAT's/Warehouse Managers/shop in charge with directions on steps to be taken to strictly observe Covid protocol..However, the Court observed that despite the fact that the Central and State governments have issued periodical orders regarding Covid protocol guidelines, they do not seem to be observed in letter and spirit at some places, particularly liquor shops. .Further, it noted that, it is clearly mentioned in the orders issued by the State specifically regarding opening of Bevco outlets, that any lapse in following the restrictions would be viewed seriously. However, the Court found that no action is taken against the defaulters so far..Therefore, the Court directed the State and the Excise Commissioner to file reports regarding the steps taken to rectify the situation.The case will be heard again on July 13..[Read Order]