Professional Documents
Culture Documents
ITEM NO.11
COURT NO.5
SECTION X
S U P R E M E C O U R T O F
RECORD OF PROCEEDINGS
Writ Petition(s)(Civil)
I N D I A
No(s).
793/2014
Petitioner(s)
VERSUS
STATE OF MAHARASHTRA & ANR.
Respondent(s)
WITH
CONMT.PET.(C) No. 275/2014 In C.A. No. 2705/2006
(With appln.(s) for exemption from personal appearance and Office
Report for Direction)
CONMT.PET.(C) No. 248/2014 In C.A. No. 2705/2006
(With appln.(s) for exemption from personal appearance and Office
Report for Direction)
Date : 15/10/2015 These petitions were called on for hearing today.
CORAM :
For Petitioner(s)
Mr.
Mr.
Mr.
Mr.
Mr.
For
have
heard
senior
Mr.
Kapil
counsel
along
Sibal
with
and
Mr.
Mr.
Jayant
Presenjit
Bhushan,
Keswani
and
2
with Mr. Nishant R. Katneshwarkar, learned counsel appearing for
the State of Maharashtra.
The
Writ
Petition
has
been
filed
for
issuance
of
an
of
Act,
Sections
33A
1951
introduced
as
of
the
Bombay
by
the
of
the
functions
by
the
State
Government
for
It is
3
There was no difficulty with the said provisions.
However,
of the earlier Act were assailed before the High Court of Bombay
in a Writ Petition.
follows :33A.
Prohibition
eating
of
performance
of
dance
in
or
sub-section
the
(1)
District
of
Magistrate
Section
33
for
under
the
area
of
commencement
of
the
Bombay
Police
hold
dance
performance,
of
any
kind
or
4
(2)
Notwithstanding
anything
contained
in
bar
shall,
in
on
imprisonment
contravention
conviction,
for
term
of
be
which
Sub-section
punished
may
(1)
with
extend
to
shall,
notwithstanding
anything
from
the
date
of
suspension
of
the
5
Certificate of Registration and licence, after
giving the licensee a reasonable opportunity of
being
heard,
either
withdraw
the
order
of
licence
or
cancel
the
Certificate
of
Non-applicability
of
the
provisions
of
- Subject to the
shall
apply
to
the
holding
of
dance
auditorium;
or
sports
club
or
gymkhana,
tourism
activities
in
the
State;
or
(b)
6
Explanation - For the purposes of this section,
"sports
club"
establishment
provisions
or
"gymkhana"
registered
of
the
as
Bombay
such
Public
means
an
under
the
Trusts
Act,
the
provisions
of
Sections
33A
and
33B
as
of
Special
Leave,
which
was
ultimately
decided
by
Indian
Hotel
and
Restaurants
Association
and
others
right
and
cannot
be
excluded
by
The
State
to
the
has
failed
establish
that
7
interest
of
general
public.
The
High
Court
total
in
the
The
High
the
Court
ban
has
also
on
dancing
concluded
that
with
the
We see no reason to
conclusions
recorded
by
the
all
enumerated
in
the
the
dangers
to
the
society
Preamble
and
Objects
and
8
most if not all dance bar establishments have
literally
closed
down.
This
has
led
to
the
have
been
compelled
to
take
up
has
proved
to
be
totally
137.
Ors.
Laxmi
Vs.
P.
Devi
(Smt.)
upon
taking
it
violate
its
does
in
not
exercising
clearly
constitutional
its
and
powers,
flagrantly
limits,
these
9
the dignity of women. Such reading down cannot
be permitted so long as any kind of dance is
permitted
in
establishments
covered
under
Section 33B.
138.
We
are
also
unable
submission
of
Mr.
Subramanium
provisions
declared
constitutional
to
by
accept
the
that
the
applying
the
declared
unconstitutional,
it
would
still
the
establishments
covered
under
Section
33A.
We may ingeminate that Sections 33A and 33B, which were
treated ultra vires by the High Court was given the stamp of
approval by this Court.
139.
In
appropriate
re-examines
our
opinion,
that
the
the
it
would
State
recommendations
be
more
Government
made
by
the
the
Principal
Secretary
(E.I.),
Home
10
Department.
report
and
The
Committee
submitted
the
had
same
prepared
to
the
State
on
Hotel
Establishments
presenting
dance programmes.
It is also necessary to refer to Paragraph 141 as to how the
Court had perceived the whole controversy.
Despite
the
State
Government,
directions
the
made
authorities
by
the
have
not
have
been
submitted
by
AHAR.
On
the
2005.
In
appropriate
should
our
to
ensure
opinion,
bring
the
it
about
safety
would
be
measures
and
improve
more
which
the
girls.
In
similar
circumstances,
this
certain
observations
indicating
that
11
as well as law modeling done in this behalf.
In
our
opinion,
restrictions
in
in
the
the
present
nature
of
case,
the
prohibition
could
be
several
lesser
alternatives
safety
of
women
than
to
completely
if
The
Notwithstanding
anything
contained
in
Police
or
the
sub-section (1) of
District
Magistrate
under
of
Police
or
the
District
12
Magistrate or any other officer, as the case may
be,
being
the
Licensing
Authority
under
the
Notwithstanding
anything
contained
in
bar
shall,
in
on
imprisonment
contravention
conviction,
for
term
of
be
which
Sub-section
punished
may
(1)
with
extend
to
shall,
notwithstanding
anything
13
suspend the Certificate of Registration as an
eating house and the licence to keep Place of
Public Entertainment (PPEL) issued to a permit
room or a beer bar and within a period of thirty
days from the date of such suspension of the
Certificate of Registration and licence, after
giving the licensee a reasonable opportunity of
being
heard,
either
withdraw
the
order
of
licence
or
cancel
the
Certificate
of
person
aggrieved
by
an
order
of
the
Registration
and
the
licence
under
from
the
date
of
receipt
of
the
order,
The decision of
authority,
who
has
granted
such
inquiry,
shall
refund
the
licence
fee
on
14
from the date of receipt of such application.
(6) The offence punishable under this section
shall be cognizable and non-bailable.
Be it noted that by virtue of the Amendment, Section 33B has
been deleted.
It is submitted by learned senior counsel appearing for the
petitioners that the provision that was declared ultra vires in
the earlier form has come back in the present incarnation, which
is the same and, therefore, it deserves to be stayed.
Mr.
Tushar
has
Mehta,
learned
Additional
Solicitor
is
perceptible
from
the
provisions
General,
The difference
which
have
been
declaring
provision
as
unconstitutional
and
the
the
provisions
or
brings
an
amendment
present
case,
similar
provision
has
whereby
the
Significantly, in
been
introduced
by
view
pronouncement
of
in
the
aforesaid
Indian
Hotel
and
regard
Case
being
(supra),
had
we
to
think
the
it
15
of obscenity in any manner.
Affidavit
be
filed
within
two
days.
Rejoinder
agreed
by
the
learned
counsel
for
the
parties,
the
(H. S. Parasher)
Court Master