Court rules against Navi Mumbai Police's denial of orchestra license, citing breach of natural justice and fundamental rights
In a significant ruling, the Bombay High Court has overturned the Navi Mumbai Police's decision to deny a performance license for live music at M/s. Hausa Restaurant and Bar. Justice N. J. Jamadar presided over the case, addressing the petition filed by Shivaji Sambu Waghralkar against the Commissioner of Police, Navi Mumbai, and others.
The court found that the refusal to grant the license violated the petitioner's fundamental right to trade under Article 19(1)(g) of the Constitution of India. The denial was based on public objections, which the court deemed unsubstantiated and rooted in misinformation about potential misuse of the premises as a dance bar.
The judgment emphasized the necessity of procedural fairness, condemning the lack of a hearing opportunity for the petitioner before the licensing authority's decision. It underscored that such procedural defects could not be remedied at the appellate stage, as fairness must be intrinsic from the outset.
Justice Jamadar criticized the licensing authority's reliance on vague public objections and highlighted that similar licenses had been granted to other establishments in the area, reinforcing the arbitrary nature of the refusal. The court mandated that the licensing authority grant the performance license if other conditions are met within four weeks.
This ruling reiterates the judiciary's commitment to uphold constitutional rights and ensures that regulatory authorities adhere to principles of natural justice and objective reasoning.
Bottom Line:
The refusal of a performance license for operating a live orchestra or music performance cannot be based solely on objections from the public that are rooted in misinformation or unsubstantiated apprehensions about potential misuse of the premises.
Statutory provision(s): Articles 19(1)(g), 19(6), 226, 227 of the Constitution of India; Maharashtra Police Act, 1951; Rules for Licensing and Controlling Places of Public Amusement (other than Cinemas) and Performances (including Melas and Tamashas), 1999, Rule 104.
Shivaji Sambu Waghralkar v. Commissioner of Police, (Bombay) : Law Finder Doc id # 2876791
