- (1.) We have heard Mr. Kapil Sibal and Mr. Jayant Bhushan, learned senior Counsel along with Mr. Presenjit Keswani and Mr. Satyajit Saha, learned Counsel appearing for the Petitioners and Mr. Tushar Mehta, learned Additional Solicitor General along with Mr. Nishant R. Katneshwarkar, learned Counsel appearing for the State of Maharashtra.
(2.) The Writ Petition has been filed for issuance of an appropriate Writ for declaring Section 33A inserted by way of an amendment by Maharashtra Police (Second Amendment) Act, 2014 as unconstitutional. There is an application for interim prayer, which is to the following effect: Grant ad-interim ex-parte order staying the implementation, operation and effect of the provision of Sections 33A of the Bombay Police Act, 1951 as introduced by the Maharashtra Police (Second Amendment) Act, 2014.
(3.) To appreciate the prayer made by way of an interim measure, it is requisite to sit in a time machine to understand the controversy. The Bombay Police Act, 1951 (for brevity, "the Act") was enacted with the object of consolidating and amending the law relating to the Regulation of the exercise of powers and performance of the functions by the State Government for maintenance of public order. Section 33 of the Act authorises the State Government to frame Regulations in that regard. It is apt to mention here that by virtue of Section 33 of the Act, the Rules for Licensing and Controlling Places of Public Amusement (other than Cinemas) and for Performances for Public Amusement including Melas and Tamashas, 1960 were enacted to regulate and maintain discipline in places of public amusement, melas etc.;