The Supreme Court stepped in on Monday to halt a significant order from the Rajasthan High Court. The High Court had directed the removal and relocation of over 1,100 liquor shops situated along national and state highways throughout Rajasthan.
Interim Relief Granted by Supreme Court Bench
A bench comprising Justice Vikram Nath and Justice Sandeep Mehta issued the stay order. They were hearing a special leave petition filed by the Rajasthan government alongside various liquor license holders. This petition challenged the High Court's order from November 24 of last year.
The High Court's Original Directive
The Rajasthan High Court order was delivered by a division bench of Justice Pushpendra Singh Bhati and Justice Sanjeet Purohit. It mandated the state government to identify, remove, and relocate all liquor vends within a 500-meter distance from national and state highways.
This directive applied irrespective of whether these shops fell within municipal limits, local self-governing bodies, or statutory development authorities. The High Court emphasized that the expansion of municipal boundaries should not be used to weaken safety standards established by the Supreme Court.
The court also expressed concern over increasing road accidents, which it suggested were linked to the easy availability of alcohol near highways.
Arguments Presented Before the Supreme Court
Representing the state, Solicitor General of India Tushar Mehta and Additional Advocate General Shiv Mangal Sharma presented key arguments. They contended that the High Court had effectively reinstated an "absolute and inflexible 500-metre prohibition."
Sharma argued this was contrary to later clarifications issued by the Supreme Court itself. He informed the court about specific SC orders from March 31 and July 11, 2017, and February 23, 2018.
These orders had relaxed the original distance norms. The relaxation reduced the prohibition distance to 220 metres in certain situations. More importantly, they excluded liquor establishments located within municipal areas from a blanket ban, subject to assessment by state governments.
The Supreme Court's decision to grant interim relief provides temporary reprieve. The legal battle over the placement of liquor shops near highways in Rajasthan continues, balancing road safety concerns with regulatory frameworks.
