HC upholds order on fresh licence for dances in hotels

Chennai, Oct 12 (UNI) Madras High Court today upheld the order of a single judge, quashing a portion of a Puducherry Government Order prohibiting the authorities concerned from issuing any fresh licence permitting performances of Indian classical dances in Hotels and Resorts.

A Division Bench comprising Mr Justice P Sathasivam and Mr Justice S Manikumar upheld the order dated February 11, 2006, quashing a portion of a G O dated September 20, 2005, prohibiting the authorities concerned from issuing any fresh licence for the performances on the ground that it was an infringement of rights guranteed by the Constitution.

The single judge also directed the Puducherry government and Municipality to consider the application of the petitioners for renewal of licence and pass orders within eight weeks.

Dismissing an appeal filed by Puducherry Government and Municipality, the Bench recalled a judgement of a Division Bench of Andhra Pradesh High Court and said it was in full agreement with the view since total prohibition undermined by way of a policy decision was arbitrary, illegal and opposed to Article 19 (1) (g) of the Constitution.

Obscene and indecency being engaged in such performances cannot be tolerated and the same have to be eliminated with iron hand, the Bench observed.

However, merely because one or two stray instances had taken place, there cannot be a blanket restriction for grant of license for performance of ICD and allied dance, the Bench added.

The Bench said in the absence of necessary amendment by way of legislation, the power given to the competent authority cannot be taken away by issuance of an executive order. ''We are in agreement with the single judge order'', the Bench added.

The Bench, however, said the police can very well invoke the punishment provisions to prevent misuse or abuse of any license granted or to be granted. If the licence was found to be misused by exhibiting obscene dances, the police was free to take stringent action against them. It could cancel the license or suspend it for a particular period, the Bench added.

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