Kerala High Court backs govt's bar ban; only top-end hotels can serve liquor

[email protected] (CD Network)
October 31, 2014

Thiruvananthapuram, Oct 31: The Kerala High Court has given a partial ratification for the state government's new liquor policy. Now bars in two and three star categories have to be closed down, while 32 bars in four-stars can function.

As per the liquor policy, only five star hotels were entitled for liquor license. Kerala has 750-odd bar hotels. Of them, 418 bars have remained closed since April this year, pending renewal of their license. Among the rest of the functioning hotels, now five star hotels (21), four star hotels (33) and heritage hotels (8) can run their liquor bars as per the verdict of the single bench of the Kerala high court. But, the high court ratified the closure of a major chunk of the bars, which manage a lions part of bar sales of liquor in Kerala.

bar ban

The single bench of Justice Surendra Mohan was hearing 80-odd petitions of bar hotel owners challenging the new liquor policy of the Congress government. The bar hotel owners had argued that there was discrimination in the government policy mainly on two grounds; that five-star hotels were allowed to function and the government was still continuing with the retail business of liquor through Kerala State Beverages Corporation. Around 80 per cent of the liquor business in Kerala is handled by the Corporation.

Citing a Supreme Court verdict of 2012, the high court said there was discrimination in preventing liquor license to four star hotels. It said the four and five star hotels should be considered equally while granting liquor licence. The court also evoked the Article 14 of the Constitution (equality before the law) while referring to the discrimination in denying liquor licence to four star hotels.

The verdict has not put any deadline for closure of the now functioning hotels, except 62 bars (four, five and heritage categories).

Congress state president V M Sudheeran and Chief Minister Oommen Chandy welcomed the high court verdict. But aggrieved owners of two and three category bars said they would appeal against the verdict as a major chunk of the bar business is handled in these two categories.

It was on August 21 that the Congress-led United Democratic Front announced its new liquor policy which had closure of all bar hotels, except those in five-start category and bring down retail outlets in every year in a manner to go for total prohibition in next one decade.

Already 418 bars, many of them below three-star category, have been remained closed since April this year following a Supreme Court directive to decide on renewing the licenses of hotels identified as sub-standard years back. As the general elections were round the corner, the Congress government delayed the decision.

Later, the issue emerged as a matter of discord between Chief Minister Oommen Chandy and party state chief V M Sudheeran, who was against reopening of the bar. Chandy wanted to take a pragmatic approach – allow quality hotels to run bars. Sudheeran alleged that a section in the government was acting for the liquor lobby. As charges and counter-charges for one-upmanship were traded, Chandy unexpectedly took the decision to close down all bar hotels in Kerala and go for total prohibition in next one decade.

Accordingly, the government fixed September 12 as the deadline for the closure of 312 bars functioning in the non-five star category. But, the bar hotel owners approached the Supreme Court, which asked the Kerala High Court to consider the petitions and decide before September 30. However, the court could not meet the deadline of September 30 and in effect the 312 bars got an extended life.

Since October 2, the government had declared Sundays as dry days apart from closing down 39 retail outlets, 10 per cent of the total retail outlets, in tune with its new policy to close down all outlets within a decade.

Various quarters have already raised concern over whether the closure of bars would bring down the sale of foreign liquor in Kerala. While hearing the bar hotel owners, the State Beverages Corporation had submitted an affidavit saying the sale of Indian made foreign liquor and beer have recorded robust growth even after the closure of 418 bar hotels.

As per the statistics furnished in the high court, the income of Beverages Corporation has increased by Rs 517 crore in the period from April to August this year, which has been marked by the closure of 418 bars out of 750-odd ones. From April to August in last year, the corporation had registered a sale of Rs 2720 crore, whereas in the corresponding period in this year, the business has gone up to Rs 3237 crore.

Also the sale of liquor in now functioning 312 bars has also increased. If the sale of liquor in these bars was of Rs 221 crore from April to August last year, the figure has gone up to Rs 403 crore. The sale of beer in the bars in the first five months of last year was Rs 47 crore. This has increased to Rs 87 crore in the corresponding period this year.

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News Network
April 22,2024

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Mangaluru: BJP candidate in Dakshina Kannada Capt Brijesh Chowta has received a letter from Prime Minister Narendra Modi wishing him victory in the election.

In the letter, which the BJP shared with the media, the PM has lauded Chowta’s exceptional services in the armed forces as a part of the Gorkha regiment, especially in counter-insurgency operations. Modi also has mentioned about Chowta’s efforts as an organiser of the Mangaluru Lit Fest and his dedication to preserve the cultural heritage of the region.

“I am certain that you will immensely contribute towards the welfare of people and the region of Dakshina Kannada. Through this letter, I would like to tell the people of your constituency that this is not an ordinary election. Families across India, especially the senior members, would remember the difficulties they have gone through in the last five to six decades. In the last 10 years, the quality of life of every section of society has improved, with many of these troubles removed. Yet, a lot more is still to be done and this election will be decisive in our mission to ensure a better life for everyone,” reads the letter. 

“Your exceptional service in the armed forces as a part of the Gorkha regiment, especially in counter-insurgency operations, is commendable. Additionally, your efforts as an organiser of the Mangaluru Lit Fest demonstrate your dedication to preserving the cultural heritage of the region. I am certain that you will immensely contribute towards the welfare of people and the region of Dakshin Kannada”

“With the blessings of the people, I am confident that you will reach the Parliament. Team members like you are a great asset for me. As a team, we will leave no stone unturned for the welfare of the people of your constituency and the country. Through this letter, I would like to tell the people of your constituency that this is not an ordinary election. Families across India, especially the senior members, would remember the difficulties they have gone through in the last 5-6 decades. In the last 10 years, the quality of life of every section of society has improved, with many of these troubles removed. Yet, a lot more is still to be done and this election will be decisive in our mission to ensure a better life for everyone.

“This election is an opportunity to connect our present with a bright future. Every vote that the BJP gets will go towards forming a stable government and impart momentum in our journey to become a developed nation by 2047. The people of India themselves have made up their minds to support this vision and are leading the way in this election. I am aware that the summer heat poses problems to everyone. But this election is extremely important for the future of our nation. I appeal to the voters to cast their votes early in the morning, before the heat sets in.

“It is important that our workers motivate people to go out and vote in large numbers. Focus on winning the booth. Victory in every booth leads to success in the constituency. At the same time, I request workers of our party to take care of their health and that of other people around them. As a candidate of the BJP, I urge you to convey my assurance to each voter that every moment of my time is dedicated to the welfare of my fellow citizens. I send you my wishes for your victory in the election,” stated PM Modi in the letter.

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News Network
April 23,2024

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The Karnataka government's decision to categorise the entire Muslim community as a backward caste for reservation purposes in the state has drawn criticism from the National Commission for Backward Classes (NCBC), which said such blanket categorisation undermines the principles of social justice.

According to the data submitted by the Karnataka Backward Classes Welfare Department, all castes and communities within the Muslim religion have been enlisted as socially and educationally backward classes under Category IIB in the State List of Backward Classes.

The NCBC, during a field visit last year, examined the state's reservation policy for OBCs in educational institutions and government jobs.

"All castes/communities of Muslim religion of Karnataka are being treated as socially and educationally backward classes of citizens and listed as Muslim Caste separately under Category IIB in the State List of Backward Classes for providing them reservation in admission into educational institutions and in appointments to posts and vacancies in the services of the State for the purpose of Articles 15(4) and 16(4) of the Constitution of India," the NCBC said in a statement on Monday night.

This categorisation has led to the provision of reservation benefits for 17 socially and educationally backward castes under Category I and 19 castes under Category II-A, respectively.

The NCBC said the blanket categorisation of Muslims as a backward caste undermines the principles of social justice, particularly for the marginalised Muslim castes and communities identified as socially and educationally backward.

However, the NCBC emphasised that while there are indeed underprivileged and historically marginalised sections within the Muslim community, treating the entire religion as backward overlooks the diversity and complexities within Muslim society.

"The religion-based reservation affects and works against ethics of social justice for categorically downtrodden Muslim castes/communities and identified socially and educationally backward Muslim castes/communities under Category-I (17 Muslim castes) and Category II-A (19 Muslim castes) of State List of Backward Classes. Hence, socially and educationally backward castes/communities cannot be treated at par with an entire religion," the NCBC stated.

The NCBC also voiced concern over the impact of such reservations on the overall framework of social justice, particularly in the context of local body polls.

While Karnataka provides 32 per cent reservation to backward classes in local body elections, including Muslims, the Commission stressed the need for a nuanced approach that accounts for the diversity within these communities.

According to the 2011 Census, Muslims constitute 12.92 per cent of the population in Karnataka.

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News Network
April 11,2024

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BJP MLA Arabail Shivaram Hebbar’s son Vivek Hebbar on Thursday, 11 April, joined the Congress party along with his supporters at Banavasi in Uttara Kannada district.

After quitting the BJP, Vivek Hebbar joined the party in the presence of state Congress vice president and former MLC Ivan D’Souza and other local party leaders.

Speculations have been rife about his father Shivaram Hebbar, an MLA from the Yellapur Assembly segment, also planning to join the Congress, ever since he did not turn up for voting during the polls to four seats of the Rajya Sabha from Karnataka held on 27 February.

The senior Hebbar’s absence from voting, despite a party whip, had caused embarrassment to the BJP. He had, however, later attributed his absence to poor health.

The BJP had also issued notice to him, which he responded to.

Shivaram Hebbar had recently met Deputy Chief Minister and state Congress chief DK Shivakumar but claimed that the meeting was about water issues in his Assembly segment.

The senior BJP leader was earlier with the Congress. He was among 17 Congress-JD(S) legislators, who had quit from their parties, which ultimately led to the collapse of the then HD Kumaraswamy-led coalition government in July 2019.

Shivaram Hebbar had subsequently won the by-poll on a BJP ticket and served as a minister in the then government of the saffron party.

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