New Delhi: The Supreme Court on Wednesday observed that the new law enacted by Maharashtra prohibiting liquor in dance bars is “absurd”, and directed the bars which had already been granted licence to function as per the old rules (which allowed liquor).
When senior counsel Shekar Naphade, appearing for Maharashtra told a Bench of Justices Dipak Misra and C. Nagappan that the government had an absolute right to ban liquor in dance bars, the Bench asked him what was the point in giving bar licences and allowing dance performances if there was no service of liquor.
Justice Misra told the counsel “this is absolutely arbitrary and indicative of the State’s mentality which is absolutely regressive by centuries. Dancers are allowed to dance in dance bars, you (State) take steps to protect their dignity. But a ban on serving liquor will affect their rights. You can ban liquor in a hotel, but dance bars should be barred from such bans. Why don’t you bring law to prohibit liquor in the state? By putting conditions, you have taken out the effect of the judgment, which is violative of Article 19(1)(g).” The counsel said “Serving and drinking liquor is not a fundamental right. I have an absolute right to say liquor cannot be served unless you (Supreme Court) take away my right through a judgment.”
