Kerala High Court Halts Liquor Brand Naming Contest Amid Legal Challenge
The Kerala High Court has intervened in a contentious issue involving a state-owned distillery, issuing an interim stay on further proceedings related to an advertisement that invited public suggestions for the name and logo of a proposed new liquor brand. This legal action follows petitions filed by social activists who allege that the advertisement violates key provisions of state law.
Court Order and Petitioners' Arguments
A bench comprising Chief Justice Soumen Sen and Justice V M Syam Kumar passed the interim order in response to petitions filed by Chintu Kurian Joy, a social worker from Kottayam, and others. The court has adjourned the matter to March 12 for further hearing, allowing time for a thorough examination of the legal complexities involved.
The petitioners have strongly challenged the advertisement issued by Malabar Distilleries, a government-owned company. They contend that this public call for suggestions for a new liquor brand's name and logo directly contravenes Section 55H of the Kerala Abkari Act. This specific section explicitly prohibits the printing, publication, or display of any advertisements that solicit the use of, or offer, liquor or intoxicating drugs.
In their submissions, the petitioners emphasized that the excise commissioner had already initiated action against Malabar Distilleries regarding this matter. They further sought a directive to the state government to quash what they deem an illegal advertisement, arguing that it promotes liquor consumption, which is against public interest and legal statutes.
Responses and Counterarguments
Meanwhile, the Kerala State Beverages Corporation, which is involved in the state's liquor distribution, filed an affidavit in court. In this document, they stated that they had not issued any official notification or press release announcing a contest to suggest a name and logo for a new brand product, as alleged by the petitioners. This response adds a layer of complexity to the case, suggesting potential discrepancies in the information presented.
However, one of the petitioners countered this by pointing out that the organizers of the contest had scheduled an event on February 21 to announce the selected name and logo of the new product. This claim indicates that despite the corporation's denial, there may have been active planning and promotion related to the advertisement in question.
Legal Implications and Interim Stay
In view of these conflicting submissions and the serious legal questions raised, the High Court granted an interim stay on all further proceedings pursuant to the impugned advertisement. This stay effectively halts any ongoing activities related to the naming contest, including the planned announcement event, until the court can make a final determination on the matter.
The case highlights ongoing tensions between commercial interests in the liquor industry and regulatory frameworks designed to control alcohol promotion. It also underscores the role of social activists in holding government-owned entities accountable to legal standards. The outcome of this legal battle could set a significant precedent for how liquor advertisements are handled under the Kerala Abkari Act in the future.
