States and UT’s to “cease and desist” granting liquor licenses along highways, directs Supreme Court [Read judgment]

The Supreme Court of India has directed that no new liquor shop licenses shall be granted for shops that exist along national as well as state highways across the country. The apex court also made it clear that such shops whose licences have already been renewed, shall be allowed to ply no later than April 1 next year, while existing licenses would also expire by April 1..A three-judge Bench headed by Chief Justice T S Thakur, and comprising Justices D Y Chandrachud and L Nageswara Rao passed these directions while hearing appeals against decisions of the Madras High Court, as well as the Punjab & Haryana High Court..The Madras High Court, while hearing a PIL, had directed the relocation of liquor shops situated along national and state highways. The Punjab & Haryana High Court, also hearing a PIL, had directed that the state’s liquor policy should not allow for liquor shops along highways..Beginning with the high rate of drunk driving mortalities, the judgment penned by Justice Chandrachud also notes that,.“For a nation on the cusp of economic development, India can well avoid the tag of being the accident capital of the world……The availability of liquor along the highways is an opportunity to consume. Easy access to liquor shops allows for drivers of vehicles to partake in alcohol, in callous disregard to their own safety and the safety of others.”.While noting that there existed no ‘fundamental right under Article 19 (1) (g) to sell liquor, the court also observed that the the power to grant licenses rests with the States. However,.“The issue is whether such liquor licences should be granted on national and state highways at the cost of endangering human lives and safety. In our view, which is based on the expert determination of the Union government, we hold that the answer should be in the negative.”.Thus, the court passed multiple directions terming the issue of drunk driving ‘a leading cause of road accidents’, namely,.(i) All states and union territories shall forthwith cease and desist from granting licences for the sale of liquor along national and state highways;.(ii) The prohibition contained in (i) above shall extend to and include stretches of such highways which fall within the limits of a municipal corporation, city, town or local authority;.(iii) The existing licences which have already been renewed prior to the date of this order shall continue until the term of the licence expires but no later than 1 April 2017;.(iv) All signages and advertisements of the availability of liquor shall be prohibited and existing ones removed forthwith both on national and state highways;.(v) No shop for the sale of liquor shall be (i) visible from a national or state highway; (ii) directly accessible from a national or state highway and (iii) situated within a distance of 500 metres of the outer edge of the national or state highway or of a service lane along the highway..The Bench also directed the Chief Secretaries and Directors General of Police to chalk out a plan for enforcement of the directions in consultation with the State revenue and home departments..A host of lawyers including Senior Advocates Rakesh Dwivedi, R Venkataramani, and Nidesh Gupta appeared in the matter..Read the judgment below.