Kochi: The Kerala High Court on Friday held that police cannot direct an owner to close his/her hotel after 11 pm to maintain law and order. The court observed that if any offence is committed by any person, it is for the police to investigate and apprehend the accused.
The police can also prevent commission of offences. The court quashed an order issued by a sub-inspector of Shakthikulangara police station who asked R. Ravikumar owner of Sree Bhadra Hotel to close his hotel after 11 pm as anti-social elements used to frequent the hotel during night.
Ravikumar moved the court challenging the SI's order. The petitioner argued that he had got necessary licence, registration and certificate to run the hotel. However, the SI issued an order to close the hotel citing law and order issue and traffic block.
The SI submitted that on the basis of information that attempts to thefts are rampant in Sakthikulangara, Kavanadu and nearby areas, instructions were being given that shops and markets should not be open and functioning between 11 pm to 4 am. Theft was reported from some textile shops and bakery, the police claimed.
The petitioner argued that Food, Safety and Standards Authority of India or any authority concerned did not stipulate any such condition regarding time period.
The court observed that there was no case that the petitioner committed any offence. No crime is registered against him. Visit of goons is not a ground to direct the owner of a hotel to close down the hotel after 11 pm. Offences committed in the locality by anti social elements was also not a ground.
