- (1.) This Court on 26.11.2015, after considering various aspects, had passed the following order :- "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."
(2.) Despite the aforesaid order, it is submitted by Mr. Bhushan, learned senior counsel appearing for the petitioner that the licenses have not yet been granted but letters have been issued to the eligible applicants. As we find, 157 applications were received and 101 applications have been entertained but they have not been granted licences as they have to fulfil certain conditions. It is submitted by Mr. Bhushan that some of the conditions that have to be followed are absolutely impermissible under the constitutional framework. To understand the scenario in proper perspective, we may reproduce the conditions which have been filed. They read as follows : "(1) This licence is valid for only one stage of 10 ft. x 12 ft. in size in restaurant area as per approved plan of the excise department for F.L.-III with non-transparent partition between restaurant and permit room area. (2) The stage should cover from all sides by a non removable partition of 3 ft. height. (3) There shall be a distance of 5 ft. between the above mentioned partition and the customers seating area. (4) A red line restricting the customers to not to cross it shall be drawn near the Customer seating area after distance of 5 ft. (5) The licensee is permitted to keep only 04 dancers/artists to remain present on the permitted stage. (6) The licensee shall ensure that the age of the dancers is more than 18 years. (7) All conditions of the B.M.C. Health Department and the Chief Fire Officer, Mumbai should be followed strictly at all times. (8) Sufficient number of Entry and Exit doors should be operative at all times for free, safe and unobstructed movements of the visiting customers. Conditions as laid down in Noise Polution Control Rules be strictly followed. (9) The licensee shall obtain N.O.C. from "Ranghbhumi Prayog Parinirikshan Mandal" before starting the performance. (10) The Licensee shall ensure that the character and antecedents of all employees is verified by the police. (11) The Licensee shall not allow any addition or alternation to be made to the premises except without the written permission of the Competent Authority i.e. DCP (HQ-I) for Mumbai or concerned DCP/SP for other areas. (12) The Licensee shall ensure that no concealed cavity or a room is created within the premises in order to conceal performers/staff. (13) The Licensee shall not appoint any manager or an agent to conduct the business on his behalf without obtaining the previous permission of the licensing authority to be endorsed on the license. (14) The Licensee shall ensure that either the licensee himself or his manager or agent whose name has been endorsed on the license by the competent authority shall remain present during the whole time for which premises are open to the public. (15) The Licensee shall ensure that adequate number of CCTV cameras which will live feed continuously to police control room 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 would preserved and will be made available to any competent authority as and when required for viewing. (16) The Licensee shall at all times allow free access to and from such place to any Police Officer on duty entering the same in the execution of his duty. (17) The Licensee shall not allow any person including performers to smoke either on stage or in entire premises. (18) Licensee shall ensure that no performance of dance shall remotely be expressive of any kind of obscenity in any manner. (19) Licensee shall ensure that there will not be any violation of dignity of woman through obscene dances. (20) Licensee shall ensure that there will not be any showering of any currency notes, coins on performers on stage or anywhere in the premises. (21) This License will be revoked if any information or document is found to be false or bogus at a later date. (22) The Licensee should abide by the provisions of the Maharashtra Police Act as well as all other Acts applicable in this context. (23) The Licensee shall conduct his or her occupation of business in such premises in an orderly manner. (24) Licensee shall comply with the provisions of Rules for Keeping Places of Public Entertainment Rules, 1953. (25) If the Licensee fails to abide by the Rules for Licensing and Controlling Places of Public Amusements (other than Cinema) and Performance for Public Amusement, including Melas & Tamasha's 1960 and conditions mentioned therein, this license would be suspended or cancelled. (26) The orders, directions issued time to time from the State Government/Competent Authority will be applicable and shall be binding on licensee failing to comply with the same would result in the License would be liable for suspension or cancellation."
(3.) Learned senior counsel for the petitioner has submitted that the petitioner-association has serious objections in respect of condition nos. 1, 2, 5, 11, 12 and 15. As far as condition no.10 is concerned, it is urged by Mr. Bhushan, learned senior counsel, that the antecedents have to be qualified by criminal antecedents and not "character and antecedents".;