May 30: Bombay High Court refused to quash the Bombay (Brihanmumbai) Municipal Corporation's (BMC) order prohibiting over-the-counter sale of liquor in the city when home deliveries and e-, stating that it was the civic body's policy decision to do so amid the COVID-19 pandemic, according to a Report by Press Trust of India
A Petition to quash the order of May 22 by the Brihanmumbai Municipal Corporation's (BMC) prohibiting the sale of liquor and permitting the use of e-commerce platforms for home delivery of wine and liquor was rejected by the Bombay High Court yesterday (29 May). It opined that the civic body had the right to take its policy decisions during the COVID-19 pandemic, which has made Mumbai a hot spot.
The division bench of Justices Nitin Jamdar and N. R. Borkar heard the petition filed by the Maharashtra Wine Merchants Association seeking a direction to the Maharashtra government to permit sale of liquor at wine shops in Mumbai, a COVID-19 red zone. The petition contended that in cities like Pune and Nashik, where the COVID-19 situation was similar to Mumbai, regular counter sale of retail liquor was being permitted.
Charanjeet Chanderpal, advocate for the petitioner argued that the system of online orders and home delivery of liquor was fraught with difficulties and could have an adverse social impact; it was also not safe. The bench, however, ruled that it would be appropriate if the petition be placed before the city municipal commissioner as a representation. The municipal commissioner will be able to take an appropriate decision after considering all the factors.
"This decision is in the nature of policy. Such a decision entails evaluation of various competing factors. The situation may differ from place to place. The relevant factors can also undergo a change with passage of time," the court said.
Our Viewpoint
We at delWine welcome the decision of the Hon’ble High Court. Although it might have been expected but the long lines ensued and the Safe Distancing code was shredded to pieces when the sales were allowed on May 5 and perhaps added many to the new positive Covid-19 cases. It might have been a natural reaction to those consumers who cannot sleep without a peg or five everyday but had to undergo without any liquor for weeks. People might have been ready to kill for the booze.
It was observed by our sources however, that there was no such problem in the stores selling only wine and beer. We followed buyers to Food Hall and Le Cave retailing only wine and beer and found a very systematic way with circles, 2 meters distancing and 3 in the shop maximum principle followed voluntarily. One could buy a bottle or 12-the whole process including parking took less than 40 minutes with no risk of spreading the virus.
Similar would be the case for premium liquor drinkers. They would not stand in those lines unless they had strong withdrawal symptoms. The main problem was with the lower end liquor buyers who, as it is, have been seen not to follow the system of social distancing, especially when there are big groups. It is not out of line for them either as the living conditions in the slums are not conducive to social distancing.
We have full sympathies with the Wine Merchants Association. But where were the owners when they were asked to maintain the Social Distancing? They would make false promises to get the shops to open-many charged even black market rates. In fact, it would appear that business was there main concern, not the health or safety of other buyers and those who they would come in contact. Moreover, it is not fair to compare the situation in Mumbai with that of Nashik or even Pune because the increase in cases in Bombay has been exponential, and is a big cause for worry- not only for the executive but the judiciary as well.
The system of e-coupon and home delivery would serve the sellers and the buyers well when it starts functioning smoothly. In fact, they should be thankful of the home delivery which is now allowed (officially). Hopefully, once the pandemic is over, they could request for the same to continue. The consumer would in any case, appreciate that and it might even become their USP to expand the business.
The Association needs to tell the seller members that they have to have a fool-proof system of Social Distancing and they can then request again the BMC to allow the older system to be revived if they can prove that they can handle the Covid situation better.
In the meantime, to all those who are getting the supplies smoothly or will soon (remember the Lockdown will have various twists and months of agony before life becomes normal) become smooth, delWine would say JAI HO!!
Subhash Arora
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