Supreme Court eases curbs on Maharashtra dance bars

The Supreme Court on Wednesday made it clear to the Maharashtra government that CCTV cameras shall be fixed at the entrance to the premises of dance bars but shall not be fixed in the restaurant, or the permit area, or the performance area.

Modifying the conditions imposed by the state, a bench of Justices Dipak Misra and Shiva Kirti Singh relaxed the earlier condition which said, “The licensee shall ensure that adequate number of CCTV cameras, which will live-feed continuously to police control rooms, be installed to cover the entire premises which will record the entire daily performance and the same will be monitored by a specially appointed person on a monitor/display. The daily recording of performance of last 30 days will be preserved and will be made available to any competent authority as and when required for viewing.”

In respect of other conditions, the bench in its order said on the last occasion the court had noted seven conditions to which Mr Jayant Bhushan, senior counsel appearing for the petitioners, Indian Hotel and Restaurants Association and others, had taken exception.

Modifying the condition on permit rooms, the bench said, “This licence is valid for only one stage of 10 ft x 12 ft size in restaurant area/permit room as per approved plan of the excise department for F.L.-III with non-transparent partition between restaurant and permit room area.”

On the partition, the Supreme Court bench said, “In the affidavit filed by the state, the said condition has been modified as follows: There shall be a railing of 3 ft height adjacent to the dance stage. There should be distance of 5 ft between the railing and seats for the customers. In respect of dance bars which have secured licenses earlier, provisions mentioned above be made binding. It should be made binding on dance bars seeking new licenses to have railing of 3 ft height adjacent to the stage and leaving a distance of 5 ft between the railing and sitting arrangement for customers.”

“Having heard counsel for the parties, we accept the submission of Mr Bhushan and direct that there should be railing of 3 ft height and not the non-removable partition. The railing is meant for creating a barrier between the performers and the audience. We clarify that four dancers can perform on the stage at one time but there can be other artistes at other places inside the premises.”

On verification of criminal antecedents of employees, the bench said, “Any employee who is engaged, his/her criminal antecedents are to be verified. As we have clarified the conditions, the modified conditions, along with conditions on which there is no cavil, shall be complied with within three days and the respondents shall issue the licences within 10 days therefrom. We are sure the authorities shall act in accordance with the command of this court and not venture to deviate. Let the matter be listed after two weeks.”