KOCHI: The Supreme Court’s directive to the Kerala High Court to take decision on the liquor policy is nothing but a reminder to the High Court that the final decision on important matters should not be delayed, observed the legal fraternity.
“There is nothing in the Supreme Court order for the Bar owners to cheer about,” said retired High Court Judge Justice C N Ramachandran Nair.
“Some people think that the order is against the government’s stand, while some others think that it is in favour of the bar owners. Actually, it is neither against anybody, nor in favour of anyone.
“The Supreme Court has just asked the High Court to take decision on a petition pending before it,” Justice Ramachandran Nair said.
“The order is just technical. The original petition filed by the bar owners is still pending before the High Court. They had approached the Supreme Court, challenging an interim order by a Single-judge.
“The Supreme Court will not take a final decision on a petition pending before the High Court. Therefore, it asked the High Court to take the final decision in a time-bound manner. The message is that the High Court should take decision without delay on important matters like the liquor policy,” Justice Ramachandran Nair added.
He also shared the view that the legal battle might not end soon.
Advocate Sivan Madathil, who practices at the High Court, also shares the view. He is of the opinion that it is not practical to implement the State Government’s liquor policy.
“If the government was sincere, it would have done homework before announcing such a policy. This is nothing more than a political play. If the government had good intention it would have consulted the stakeholders and plugged all the loopholes for controversy,” Sivan Madathil said.
‘Loopholes in Policy’
He also pointed out that there were many loopholes in the liquor policy.
“The government has not followed the procedures while cancelling bar licences. Now, permission to function has been granted only to five-star bars. Bar licence is issued to an individual not on the basis of any rating. There is also no point in opening Beverages Corporation outlets, while bars are closed in the name putting an end to a ‘social evil’,” he said.
Advocate Nandagopal Nambiar, another advocate practicing at the High Court, said that the Supreme Court order would pave the way for a finality in the bar case. Asking the High Court to take decision on a pending case cannot be considered as an order in favour or against the parties in the case,” Nambiar added.