The High Court of Delhi has asked the Centre & Delhi Govt. to take a decision on liquor sale in the wake of COVID-19 crisis after considering the suggestions made by petitioners so more damage, than what has already been done, is not caused.
The HC, however, refused to grant any relief on the issue related to liquor sale saying that Courts are not equipped to decide such matters which are in exclusive domain of the executive.
On Monday, with these directions, a Bench of Justices Rajiv Sahai Endlaw & Sangita Dhingra Sehgal disposed of a batch of pleas over the sale of liquor in Delhi.
The HC said that it has learnt that the online issuance of e-tokens for purchase of liquor has not met with much success owing to the token holder thereof still being required to spend considerable time at the shop & which leads to crowding.
The Court, in its order said that "We have inquired, whether at the time of applying for e-token, the patron is able to make a choice of brand of alcohol desired to be purchased, to know the availability thereof & to make payment thereof. We are of the opinion that for e-tokens to effectively reduce the time spent at the liquor vends, these factors are essential".
The counsel for the Govt of NCT Delhi said that he has no instructions on this aspect & if these factors have not been considered, consideration thereof in the decision making will be ensured.
The HC left it up to the Govts to take such decision with inputs from what has transpired during the hearing & to accept suggestions which may be found to be workable.
One of the pleas, filed by Sajag Nijhawan through Lawyers AS Chandiok & Simran Kohli, sought to permit the online sale of liquor and for home delivery & a direction to be issued to the Delhi government to devise a methodology therefor.
The Court said that from the news reports of conduct of patrons of alcohol, on reopening of liquor outlets after more than a month, it appears that home delivery of alcohol would be fraught with security & safety issues.
The Court said that "The possibility of alcohol being snatched during transit cannot be ruled out. The possibility of home delivery of alcohol, distribution whereof till now is largely in the hands of State, would also increase the possibilities of adulteration of alcohol, also resulting in loss of life. It appears that transit of alcohol from home to home would have to be in the same manner & style as transit of cash between banks & between banks & ATMs".
Another plea had sought directions to immediately stop the sale of liquor in the Delhi & to not allow the sale of liquor till the situation prevalent in the country in the wake of COVID-19 improves.
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