(Dipak Misra and Prafulla C. Pant, JJ.)
Indian Hotel & Restaurant Association & Anr. ___________ Petitioner(s)
v.
State of Maharashtra & Anr. _______________________ Respondent(s)
Writ Petition(s)(Civil) No(s). 793/2014, decided on November 26, 2015
with CONMT.PET. (C) No. 275/2014 In C.A. No. 2705/2006 and CONMT.PET. (C) No. 248/2014 In C.A. No. 2705/2006
The Order of the court was delivered by
UPON hearing the counsel the Court made the following
Order
1. Mr. Harish Salve, learned senior counsel appearing along with Mrs. Pinky Anand, learned ASG and Mr. Nishant Katneshwarkar, learned counsel for the State of Maharasthra and others submitted that he will file a further proper affidavit within four weeks hence.
2. Rejoinder affidavit, if any, be filed within four weeks therefrom.
3. At this juncture, Mr. Kapil Sibal and Mr. Jayant Bhushan, learned senior counsel, submitted that the interim order passed by this Court on 15.10.2015 has not yet been implemented. It is urged by them that the applications were submitted by the hoteliers on 26.10.2015 and thereafter pursuant to the order passed by this Court.
4. To appreciate the aforesaid stand, we may reproduce a passage from our earlier order:
“In view of the aforesaid and regard being had to the pronouncement in Indian Hotel Case (supra), we think it appropriate to stay the operation of the provisions enshrined under Section 33A(1) of the Act. However, we add a rider that no performance of dance shall remotely be expressive of any kind of obscenity in any manner. We may hasten to clarify that in the earlier Judgment, it has been clearly stated that sufficient power is vested with the Licensing Authority to safeguard any violation of the dignity of women through obscene dances. Regard being had to the same, the Licensing Authority can take steps so that the individual dignity of a woman is not affected and there remains no room for any kind of obscenity.
As we are staying the provision, if the members of the petitioner apply for licence, the same shall be considered in accordance with law without taking note of the restriction as Section 33A has been stayed by us.”
5. We have reproduced the said paragraph only to remind the authorities of the State that they are obliged in law to enforce the said order without any kind of deviation. An order passed by the Court is to be respected.
6. We must also fairly state that Mr. Salve, learned senior counsel submitted that the order shall be complied with within two weeks hence and the licences shall be issued to the applicants, on their fulfilling the conditions. Needless to say, when the licences are issued, the hoteliers shall strictly be guided by the directions which we have given hereinbefore and the regulatory measures that are going to be imposed by the licence granting authority.
7. As there is no objection to the application for impleadment, the prayer stands allowed.
8. Let the matter be listed for further hearing on 10.02.2016.
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