KOCHI: Exasperated over a plea seeking home delivery of liquor through online platforms at a time when the country is fighting a pandemic, the Kerala High Court on Friday imposed a fine of Rs 50,000 on a petitioner.
Justice AK Jayasankaran Nambiar directed the petitioner, G Jyothish of Desom, Aluva, to pay the amount to the Chief Minister's Distress Relief Fund within two weeks and produce the receipt before the registrar general. If the petitioner fails to pay the amount, it should be recovered from him through revenue recovery proceedings.
The court issued the order while dismissing the petition seeking a directive to the Beverages Corporation to market liquor through online platforms. The petitioner submitted that since the outlets are inevitably crowded during business hours, the outbreak of Covid-19 has rendered it unsafe for him to visit an outlet.
"Filing a frivolous petition at a time when the state is observing utmost vigil to fight the coronavirus outbreak was making a mockery of the salutary concept of access to justice, which this institution strives to guarantee. It also ridicules the functioning of the noble institution. For the reckless, insensitive and insolent action, the petitioner cannot be let away lightly," observed the court.
The court observed that consequent to the outbreak of the Covid-19 virus, the state has been under severe pressure to develop and adopt adequate measures to contain the spread of the virus. Taking a cue from the advisories issued by the health authorities, the court too had issued directions for restricting the number of cases to be filed in court to the bare minimum, and in respect of only very urgent matters so that the administrative machinery in the court would not have to spend long hours in crowded conditions. The restrictions were imposed only till March 31 to coincide with the end of the transmission period of
the virus, as projected by the health authorities.
"It is indeed distressing to note that, notwithstanding the clear instructions given with a view of attaining the objectives of the health department, writ petitions are indiscriminately filed before the court. The citizenry ought to realize that the restrictions imposed on the filing of cases is with a view to ensuring that their fundamental rights as citizens, for access to justice, is guaranteed to the extent possible, even at the cost of exposing the judges, lawyers, clerks and staff of the court, to the risk of viral infection," observed the court.
The case manifests the total insensitivity of a litigant to the interests and well being of his fellow citizens, the court noted.