Have common policy on hotel shutdown time: Court

The state government should not discriminate between restaurants inside five-star hotels and those outside by setting different deadline time for them to close. 

A division bench of Justice PB Majmudar and Justice RM Sawant said: "The police should not discriminate; the state should form a consistent policy and not pick and choose restaurants to grant time limit licences."

The bench made these observations during the hearing of a petition filed by Shaheen Rafique Khan, owner of Food Culture in suburban Andheri, alleging police harassment.

As per the petition, the restaurant has procured different licences to serve alcohol till 3am.

Since April, the police have been harassing them and forcing them to shut the restaurant by 11pm, claiming that they do not have permission.

Senior counsel, Ashutosh Kumbhakoni, argued for the petitioners saying that: "Five-star and four-star hotels are allowed to run till 3am, then why are other hotels restricted."

The bench also prima facie agreed with him and said: "You (state) cannot keep five-star hotels on one side and others on a different side. The decision should be common for all."

The court has directed the state to file an affidavit stating if it proposes to come with a general policy decision. The matter has been adjourned till October 3.