Order banning live band shows upheld

Bangalore, Feb 9 (UNI) The Karnataka High Court today upheld the power of the city Commissioner of Police to enact the Licensing and Controlling of Public Entertainment (Bangalore City) Order, 2005, for regulating the activities of bars/restaurants with Live Bands.

Dismissing two writ petitions filed by the Karnataka Live Band Restaurants Association and Shwethadri Bar, challenging the validity of the order, Mr Justice Ajit Gunjal upheld the reasonableness in imposing restrictions and conditions while issuing licenses. He observed that the conditions were regulatory in nature to keep the moral fibre of the society intact and were not unreasonable or oppressive as contended by the petitioners.

The impugned order had been passed through a notification dated December nine, 2005, under Section 31(1)(w) of the Karnataka Police Act after obtaining the required sanction from the Government. The order prohibited exhibition of obscene or objectionable pictures or posters, public gambling or gaming house and prostitution or use of narcotic substances.

The petitioners contended that the impugned order was in violation of the fundamental rights guaranteed to them under Article 19(1)(g), 14 of the Constitution for carrying on any trade or profession for their livelihood. They argued that the Commissioner had no authority to impose the restrictions under Sec.31(1)(w) of the Police Act on a live band show and there were no compelling circumstances which warranted promulgation of such an order. The order was oppressive and its compliance would virtually mean that running of live band was impossible, they submitted.

The Advocate General argued that the impugned order was passed to protect the uphold the social and moral values.

UNI