SC refuses to interfere with state policy of selling liquor

Holding that the government cannot be prohibited from carrying out liquor business, the Supreme Court today declined to entertain a PIL seeking to restrain the Tamil Nadu government from selling liquor through its official retail outlets.

A bench of justices D K Jain and Madan Lokur dismissed the petition filed by K R Ramaswamy alias Traffic Ramaswamy who contended that the state's official policy of selling liquor was contrary to Article 47 and was also causing considerable nuisance and loss of lives. "If you go by the directive principles of state policy then no public servant can drink. Can it be done? "It talks of guidelines. It only talks about regulations. It does not talk about prohibition.

"Can it be done? Otherwise, no public servant can drink. Your public sectors cannot function. You are sitting on a high pedestal," the bench told senior counsel M N Krishnamani and counsel Raja Raman appearing for the petitioner. The petitioner had earned the sobriquet "Traffic Ramaswamy" as he regularly assists Chennai police to manage the peak traffic in the city.

According to Article 47 which is part of the Directive Principles of State Policy, it is the duty of the state to raise level of nutrition and the standard of living and to improve public health.

"The state shall regard the raising of the level of nutrition and the standards of living of its people and the improvement of public health as among its primary duties and in particular, the state shall endeavour to bring about the prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injuries to health."

The petitioner has challenged the Madras High Court judgement which had quashed his petition challenging certain provisions of the Tamil Nadu Prohibition Act which empowered the Tamil Nadu State Marketing Corporation (TASMAC), a 100 per cent state subsidiary to sell liquor to the public through its own outlets.

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