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High Court upholds Kerala government's liquor policy

This time Easter celebrations in Kerala which falls on April 5 may go "spirit-less" with a division bench of the High Court on Tuesday upholding the state government's decision to ban liquor sales at hotels except at the five stars and private clubs.

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This time Easter celebrations in Kerala which falls on April 5 may go "spirit-less" with a division bench of the High Court on Tuesday upholding the state government's decision to ban liquor sales at hotels except at the five stars and private clubs.

Consequently, over 800 bars in Kerala, the largest liquor guzzling state in the country, will down the shutters for ever at 10.30 on Tuesday night.

However, bench of Justice KT Sankaran and Justice Babu Mathew P Joseph has ratified the government decision to permit the closing bars to run beer and wine parlours being a measure to rehabilitate the bar workers who lose their jobs and also to back the tourism industry.

Bar Hotels Association office bearers told reporters that they would move the Supreme Court immediately against the High Court order.

The division bench did not accept the association's contention that, allowing five star hotels to run bars is a discrimination. It also argued that the government policy was against the fundamental rights guaranteed in the Constitution since it would result in denying them the opportunity to be engaged in lawful business and nearly 25,000 workers would be rendered jobless.

Kapil Sibal, former union minister and noted jurist who appeared for the State argued that as government has the constitutional responsibility to ensure the welfare of the people and the State, the government enjoys exclusive purview to formulate policies on liquor to fulfill its basic duty. He also told the court that it was a part of the move by the State to introduce the liquor ban in phases.

Thiruvananthapuram: The issue began in August this year with the Supreme Court directive to the State to examine the facilities at the 423 bars before their licence being renewed. KPCC president VM Sudheeran took the stand that licence of these bars not be renewed. Having seen Sudheeran gaining big political mileage from his stand, chief minister Oommen Chandy came out with the present policy.

Bar owners moved the HC. The single bench ordered to let the four stars and heritage hotels sell liquor. The government and the bar owners who did get a favourable order from the court filed an appeal petition against the single bench order.

Though the division bench order is a relief to the Congress-led UDF government, it is apprehended that, against the backdrop of closing down the bars, the hotel owners who alleged to have given hefty bribe to the ministers to renew the licence at the time when SC order came may openly disclose the details of their deal with the UDF leaders. An FIR has already been registered against finance minister KM Mani and a bar owner in a secret statement given to a magistrate has alleged that Excise Minister K Babu had demanded Rs 15 crore from him. He has also named two more ministers in the statement.

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