Sun. Jan 24th, 2021

Section 33 (A)(1) of the Maharashtra Police (second amendment) Act banning dance bars in the State of Maharashtra stayed with riders

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Supreme Court: The
bench of Dipak Misra and P.C. Pant, JJ stayed the State law banning the Dance
Bars in the State of Maharashtra under  section 33 (A)(1) of the Maharashtra Police
(second amendment) Act, thereby allowing the dance bars to reopen. The bench,
however, added a rider that the Maharashtra police will have to ensure that
dignity of women was not affected by the dance performances and that the
licensing authority will also regulate indecent dance performances.

The Court took note of the submission that a similar
provision under the Bombay Police Act, 1951 had been declared ultra vires by a
two-Judge Bench of this Court in State of Maharashtra v. Indian Hotel and
Restaurants Association, (2013) 8 SCC 519. It was noticed that there are
situations when a Judgment is delivered by this Court declaring a provision as
unconstitutional and the Legislature steps in to remove the base of the
Judgment to validate the provisions or brings an amendment whereby the defects
pointed out by the Court are removed. Significantly, in the present case, similar
provision has been introduced by enhancing the sentence of fine. The Court,
hence, stayed the operation of the provision in question and listed for final
disposal on 05.11.2015. [Indian Hotel & Restaurant Association v. State of
Maharashtra, dated 15.10.2015]
Source: Legal news India

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