[Coronavirus Lockdown] "No public interest involved", Karnataka HC dismisses petition seeking re-opening of wine shops in state

The Karnataka High Court today dismissed a Public Interest Litigation (PIL) seeking to keep wine shops open for few hours in a day during the 21-day Coronavirus Lockdown period.

. In a video conference hearing, a Division Bench of Chief Justice Abhay Shreeniwas Oka and Justice BV Nagarathna expressed that there is no public interest in the present petition as there is a large section of people deprived of the basic requirement of food right now.

At this point, petitioner Dr. Vinod Kulkarni informed the Court that he would withdraw the petition and donate Rs. 10,000 to the Chief Minister's Relief Fund set up for COVID-19 aid.

. Having accepted the withdrawal of the plea, the High Court did not pass an order on costs. It further directed Kulkarni to pay the donation and forward the receipt issued to the Registrar (Judicial) within two weeks.

. The petition stated that during the lockdown, people were deprived of consuming alcohol in any form or quantity. It was further stated that social drinking has been in existence in India since time immemorial. In this regard, reliance was placed on Hindu scriptures that mentioned that people consumed Soma Rasa regularly.

" This somarasa is nothing but present day alcohol ", the petition reads.

. Further, the petition stated,

. "That depriving of social drinkers of alcohol consumption tantamount to violation of Article 21 of the Indian Constitution....A dignity of life includes social drinking alcohol too, in socially acceptable and limited quantities." PIL filed in Karnataka HC . The petition also points out that sudden stoppage of alcohol is highly dangerous as it causes side effects such as mental depression, anxiety, hysterial outburts etc.

. Additionally, the plea states that alcohol withdrawal can result in a dangerous condition called 'delirium', which is a medical emergency with significant morbidity and mortality.

. Further, in the State of Karnataka, many have committed suicides due to non-availability of alcohol and a similar pattern was observed in Kerala as well, the PIL notes.

. On the above grounds, the plea sought a direction to provide alcohol to the public in limited quantities.

. As an interim prayer, the petition urged the Court to keep wine shops open during the lockdown period to prevent suicides.

. The Kerala High Court recently stayed the government's decision to allow the supply of alcohol during the Coronavirus lockdown to those suffering from withdrawal ( TN Prathapan and ors vs. State of Kerala ).

[Coronavirus Lockdown] "No public interest involved", Karnataka HC dismisses petition seeking re-opening of wine shops in state

Rintu Mariam Biju

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