Allowing New Year celebrations to continue till 5 am on January 1, 2014, the Bombay High Court on Tuesday came down heavily on Mumbai Police for denying permission on the grounds that the security of women is undermined. “Are you serious?” the single judge bench of Justice G.S. Patel asked the government pleader.
Women’s safety was one of the arguments put forth by the government pleader along with other arguments such as security threat and lack of adequate workforce.
“Shakti Mills (gang-rape case) didn’t happen on 31st night. Are women unsafe in the city as they come out to celebrate on 31st night? Make out a somewhat compelling case,” the judge told the government pleader. He later observed while passing the order that the “submission on safety of women ought not have to be made.”
Denying the validity of many arguments, the judge passed an order stating there was “no valid reason to clamp down on what little is left of the once-thriving night life of the city."
The court was hearing a bunch of petitions filed by hotel and restaurant associations challenging the order of the Mumbai Police Commissioner to shut shops by 1.30 am. The petitioners argued that they were granted permission in the past to remain open and play music beyond 1.30 am.
The court allowed the petitioners to have outdoor parties and play music outdoors till 12 am. It said that the establishments can have indoor parties which served food and liquor till 5 am. They have also been allowed to play music, orchestra and live band indoors till 5 am.
Restrictions
But the court also put reasonable restrictions on the petitioners, directing them to make adequate security arrangements for themselves, to ensure that the Mumbai Police are not burdened.
“The petitioners’ constituent members are directed that they shall make immediate provisions at their own cost for security arrangements within and outside their establishments. In case of any untoward incident, the petitioners as association and as individual shall be held responsible,” the order stated.
Terming the ban on playing indoor music as arbitrary, the court asked why it was imposed. “What is the additional strain on the police? There is no material on record to indicate that there was an untoward incident in 2010 when extension permission was granted till 5 am. In the absence of material to show likelihood of public injury due to extension in playing music, it is allowed with certain conditions,” Justice Patel observed.
Security threat
The Mumbai Police told the court that the threat perceptions were different this year. “Seven SIMI activists have fled jails. There are specific inputs about Yasin Bhatkal and security threats to the city. There are red alerts. There is inadequate police force and the vital installations need to be protected,” the government pleader argued.
“The vital installations are under threat every year. The perceptions must be reflected in some sort of communication. If there is a security threat, nothing had prevented the home department from reversing its order allowing celebrations till late,” the court pointed out, while observing that permission was granted even after the November 26, 2008 terror attack in the city.
When the police shared some intelligence inputs, the court observed that though the inputs were credible and reliable, it was not possible to “extrapolate from that that the entire city is under same level of threat.”
The court observed that New Year was one of the few times when people spent time with their families and friends, and that unreasonable restrictions should not be laid on them.
It also questioned the logic of the Mumbai Police in allowing three to five star hotels permission for longer hours. The Hindu was the first to report that the state government had issued a notification this month allowing establishments holding FI3 and FI2 licences to operate till 5 am after securing permission from the police.
