The Supreme Court maintained its earlier order of October 15, 2015 and asked the Maharashtra government to issue licences to eligible hoteliers in two weeks’ time.
A bench of justices Dipak Misra and PC Pant expressed unhappiness that the state was yet to implement its earlier order. Senior advocate Harish Salve, appearing for Maharashtra, however, said that any direction of the apex court will be respected and adhered to.
The bench, meanwhile, allowed Vinod Patil, President of RR Patil Foundation, to intervene in the matter. Patil in his plea had claimed that the re-opening of dance bars would increase crime rates.
The Maharashtra government had amended the 2005 Bombay Police Act, which was challenged in the Bombay High Court by Indian Hotel and Restaurant Association. The high court on April 12, 2006 had quashed the government’s decision and declared the provision unconstitutional, saying it was against Article 19(1)(g) (to practice any profession, or to carry on any occupation, trade or business) of the Constitution.
However, the state government had moved the apex court against the high court’s order that same year. On July 16, 2013, the Supreme Court had upheld the Bombay High Court verdict quashing the state government’s order, saying the ban violated the constitutional right to earn a living.
The state assembly had on June 13 last year passed the Maharashtra Police (second amendment) Bill which prevented licences for dance performances in three-star and five-star hotels. The ban also covered drama theatres, cinema halls, auditoriums, sports clubs and gymkhanas, where entry is restricted only to members
(With inputs from PTI.)
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