In the dance bar matter, a petition was filed, challenging the Constitutional validity of certain provisions of Maharashtra Police (second amendment) Act which bans dance performances at bars and hotels in Maharashtra. Supreme Court had directed Maharashtra Police to issue the licenses.
On last date of hearing, Mr. Jayant Bhushan appearing on behalf of the Hotels informed that 97 applications are pending and 4 were granted license but after 2 days it was revoked. New acts published in official gazette but no date of its implementation so act not in force yet. Supreme Court directed State to file a compliance report of last order. Besides, Deputy Commissioner of Police, who is responsible for granting license, was asked to remain personally present in the Court.
Matter was taken up today.
Pinky Anand submitted an affidavit on behalf of the Deputy Commissioner of Police who was personally present in the court.
Pinky Anand prepared a chart as an affidavit and informed most of the applicants have not complied and some of them have complied in part therefore license not granted.
She informed that out of 154, 39 applications have offered physical inspection.
While reading the affidavit, Pinky informed that some of them have not taken certificate of the Rangbhumi Prayog Parikshan Mandal certificate, also NOC from BMC health dept not taken.
Bushan submitted that BMC had already given license and said NOC requirement is not required.
For which Justice Misra said as far as BMC health dept is concerned did we say as a condition.
Some of them did not comply strictly with condition regarding fire compliance which was strictly laid down.
Another condition obtaining certificate from Rangbhumi Prayog Parikshan Mandal, we understand that certificate can be granted only when the main license is granted, since it supervises a performance.
Another condition is that, criminal antecedent is the only condition which is acceptable and local police is authorized to comply with the said condition.
Chart also indicated regarding increasing the height to 3 feet and distance of 5 feet of the staging area, said that conditions shall be verified by the local police within 3 days and DSP shall get it verified and certify that it is verified.
Court directed the hotels to get the criminal antecedent verification be done at the earliest and those who have not applied for the same should apply by tomorrow.
Maharashtra legislature passed the Maharashtra Prohibition of Obscene Dance in Hotels, Restaurants and Bar Rooms and Protection of Dignity of Women (Working Therein) Act 2016.
Court directed if any other condition has to be imposed on the act it can be imposed by the authority in respect of prohibition of obscene dance. Conditions should be regulatory and not prohibitory.
Final arguments to be held on 10th May