The court also pulled up the government over the condition for installation of CCTV cameras near the performance areas.
The Maharashtra government on Wednesday faced the flak of the Supreme Court, which termed as "absurd" the state's new law banning serving of liquor in dance bars and allowed the bar owners who have licence to operate as per the old law.
The court also pulled up the government over the condition for installation of CCTV cameras near the performance areas.
"How can there be CCTV cameras in the performance areas? Is it not infringement of right to privacy? We have no objection to installation of CCTV cameras at the entrance of dance bars," a bench headed by Justice Dipak Misra said while allowing three dance bars – who have obtained licence – to operate without having to implement the law enforcing CCTV surveillance.
On the regulation that no liquor can be served in the bar where dance is permitted, the court questioned the state's theory and asked then what stops government from imposing a ban on sale of liquor in the entire state.
While the state's counsel argued that CCTVs are a must to regulate bars, the Indian Hotel and Restaurant Association contended that the restriction is a violation of fundamental rights of owners and bar girls.
The counsel had last week argued that CCTV would help in curbing obscene dance performances and refuted the allegations of bar owners that the police will be getting a live feed of performances in the police stations.
"If somebody alleges violation of the provision of the Act, the recorded version of the CCTV will be able to show the veracity in such allegations," an affidavit filed last week by Maharashtra's standing counsel Nishant Katneshwarkar said.
"The bar room is a public place and with the installation of CCTV cameras in the said area, there will be no encroachment on privacy of the people/viewers of the dance. Also, in case of any untoward incident inside a bar room, the police will be able to investigate the offence in proper direction," he said.
The apex court adjourned the case for a final hearing on November 24.
Maharashtra recently framed a new law – the Maharashtra Prohibition of Obscene Dance in Hotels, Restaurants and Bar Rooms and Protection of Dignity of Women Act, 2016 – which imposes various conditions on bar owners, including putting the bar under CCTV surveillance. The law also says that bar rooms where dances are staged will be open to the public only between 6 pm and 11.30 pm.
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