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

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, 2015 SCC OnLine SC 952, dated 15.10.2015]

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