Case Note & Summary
The petitioners, Shri Ramesh S. Alva and Omprakash Nanikaram Vaswani, are proprietors of eating houses in Navi Mumbai, holding valid licences under Section 33(xa) of the Bombay Police Act, 1951, and licences to run a Place of Public Entertainment under Section 33(w) read with Section 2(10) of the Act. They applied for performance licences under Rule 100 of the Rules for Licensing and Controlling Place of Public Amusement (other than Cinemas) and performances for public amusement (Including Melas and Tamashas) Rules, 1999, to allow orchestra performances in their establishments. The Commissioner of Police, Navi Mumbai, refused to grant the licences, stating in an affidavit that allowing such performances would lead to immoral activities and that no licence for performing an orchestra had been granted in the area. The petitioners challenged this refusal by way of writ petitions. The court noted that the respondents did not file any additional affidavit despite being granted liberty, and the Assistant Commissioner of Police merely stated that no licence had been granted. The court found that the refusal was based on a general assumption of immorality without any specific material or evidence against the petitioners. The court held that the Licensing Authority must consider each application on its own merits and cannot refuse a licence on grounds that are not supported by any material. The court allowed the petitions, quashed the refusal, and directed the Commissioner of Police to consider the applications afresh and grant the licences within four weeks, subject to compliance with all other requirements.
Headnote
A) Bombay Police Act, 1951 - Performance Licence - Rule 100 of 1999 Rules - Refusal on Moral Grounds - The Commissioner of Police refused to grant performance licence to petitioners who already held licences under Section 33(xa) and Section 33(w) of the Bombay Police Act, 1951, solely on the ground that allowing orchestra performances would lead to immoral activities. The Court held that the Licensing Authority cannot refuse a licence based on general assumptions of immorality without any specific material or evidence linking the petitioners' establishments to such activities. The refusal was arbitrary and violative of Article 14 of the Constitution. (Paras 4-8)
Issue of Consideration
Whether the Commissioner of Police can refuse to grant a performance licence under Rule 100 of the 1999 Rules to existing eating house licensees on the ground that such performances are likely to lead to immoral activities, without any specific material or evidence.
Final Decision
The court allowed both writ petitions, quashed the refusal of the performance licence, and directed the Commissioner of Police, Navi Mumbai, to consider the applications afresh and grant the licences within four weeks from the date of the order, subject to compliance with all other requirements under the Rules.
Law Points
- Licensing authority must consider application for performance licence on its own merits
- cannot refuse based on general allegations of immorality without specific evidence
- Rule 100 of 1999 Rules
- Section 33(w) Bombay Police Act
- 1951
