SC asks Maharashtra govt to grant licenses to 8 dance bars by May 12

New Delhi

The Supreme Court today directed Maharashtra government to grant licenses to eight dance bars within two days and asked them to give an undertaking that they would not engage employees with criminal antecedents near the dance area.

“It is directed that an undertaking shall be given by appellants who have filed application that they shall not engage employees in the bar and dance area whose names have been mentioned in the affidavit given by the state.

“The undertaking shall be issued by tomorrow and the licenses shall be issued by day after tomorrow,” a bench comprising Justices Dipak Misra and Shiva Kirti Singh said.

Maharashtra government had filed an affidavit in the court informing the bench that they had not granted licenses to eight dance bars as they found some of their employees with criminal antecedents.

Senior advocate Jayant Bhushan, appearing for Indian Hotel and Restaurant Association, said not a single license has been issued till date.

He submitted that as FIR has been lodged against some employees of the bars, licenses were not being issued to them on the ground that they have criminal antecedents.

“Unless a person is convicted under the offence, he cannot be termed as a criminal. The licenses are being delayed on one pretext on the other,” he said.

On the issue of increasing the height of railing adjacent to the dance stage, Bhushan told the bench that such deficiencies have been addressed.

During the hearing, one of the counsel said that criminal antecedents of dancers should also be looked into and conditions be imposed on them.

The court took strong note of this and said “are you trying to convey to us that they are criminals? Nobody can earn livelihood if they are convicted. We want to save the dignity of women.

“You want to take away means of their livelihood. Dignity of women has to be maintained and no obscenity of any kind would be allowed,” the bench said.

The court has fixed the matter for further hearing on May 13.

Surprised by SC directive: Fadnavis on dance bars ruling

Mumbai

Maharashtra Chief Minister Devendra Fadnavis today said he was surprised by the Supreme Court directive to his state government to give licences to eight dance bars within two days.

“I am surprised by the Supreme Court directive. Since the state has repealed the old act, now permission can only be given under new act. If the hotels or restaurants which have asked for licence do not comply with the conditions of the act would it be legal to grant them licence,” he told reporters.

“The court order fails to appreciate the legislative competence of the state legislature which has unanimously enacted a law. If somebody complies with all the conditions under this law, state will issue the licence but how can state act against the provisions of law which it has enacted,” Fadnavis asked.

“If the state in any eventuality acts contrary to the law to deny the licence, the aggrieved person is at liberty to approach the high court,” the Chief Minister added.

“The state government will once again put this view in front of honourable Supreme Court,” he said.

The apex court today directed Maharashtra government to grant licences to eight dance bars within two days and asked them to give an undertaking that they would not engage employees with criminal antecedents near the dance area.

“It is directed that an undertaking shall be given by appellants who have filed application that they shall not engage employees in the bar and dance area whose names have been mentioned in the affidavit given by the state.

“The undertaking shall be issued by tomorrow and the licences shall be issued by day after tomorrow,” a bench comprising justices Dipak Misra and Shiva Kirti Singh said.

PTI