Judgment :-

Surinder Singh Nijjar, J.

1. Leave granted in SLP (C) No.14534 of 2006.

2. These civil appeals seek to challenge common judgment and final order dated 12th April, 2006 in Writ Petition No.2450 of 2005, W.P. No.2052 of 2005, W.P.No.2338 of 2005 and W.P.No.2587 of 2005 passed by the High Court of Judicature at Bombay, whereby Section 33A of the Bombay Police Act, 1951 as inserted by the Bombay Police (Amendment) Act, 2005 has been declared to be ultra vires Articles 14 and 19(1)(g) of the Constitution of India.

3. Brief facts leading to the filing of the aforesaid writ petitions are –

The Bombay Police Act, 1951 (hereinafter ‘the Act’) was enacted in the year 1951 with the object of consolidating and amending the law relating to the regulation of the exercise of powers and performance of the functions by the State Government for maintenance of public order. Section 33 of the Act authorises the State Government to frame rules regulating places of public amusement and entertainment. By virtue of Section 33 of the Act, the “Rules for Licensing and Controlling Places of Public Amusement (other than Cinemas) and Performances for Public Amusement including Melas & Tamashas, 1960” (hereinafter ‘the Rules’) were enacted to regulate and maintain discipline in places of public amusement, melas etc.

4. In 1986, orchestra and dance in hotels was permitted to be performed pursuant to the Rules and such institutions functioned under terms and conditions laid down therein. However, several cases relating to violation of the terms and conditions of performance licences came to be registered. It is claimed that 20,196 cases were registered under Section 33(w), 110 and 117 of the Act from the year 2000 till 2005. Also, various cases of minor girls being rescued from dance bars were reported during the said period 20022005. The appellants have referred to the case histories from the Government Special Rehabilitation Centre for Girls (Special Home) of 10 girl children rescued from such establishments under Immoral Traffic (Prevention) Act, 1956 by Mumbai Police, which according to the appellants, correctly depict the prevailing situation.

Summary of Facts – The Government of Maharashtra, Home Department, on 10th December, 2002 passed resolution No. REH 012002/153/SE-5, noting therein :

"It has come to notice that prostitution rackets are being run through pick up points in hotel establishments in which dance programmes are being conducted (Dance Bars) and that dance forms being presented therein are horrid and obscene and that criminals are being sheltered in such hotels. Such undesirable practices going on in hotel establishments have an adverse effect on society."

It was resolved to form a committee to make suggestions for amending the rules to deal with:

a) Remedial measures to check other undesirable practices going on in hotel establishments presenting dance programmes.

b) To prevent prostitution in hotel establishments c) Remedial measures to see that criminals are not sheltered in hotel establishments;

d) To frame a code specifying what type of dance forms should be presented in hotel establishments.

e) Creating a roving squad to check undesirable practices in hotel establishments and take strict action against owner of those establishments.

5. Pursuant to the aforesaid resolution, the Committee submitted its recommendations which were incorporated and circulated to all the concerned authorities through the letter of the Home Department No. REH 012002/153/SB-5 dated 16th July, 2004. In this letter, the suggested regulations were summarized as follows:

a. There should be restrictions on the attire of the dancers.

b. Dancing area must have a railing 3 feet high around it, and customer seats should be at least 5 feet away from the railing.

c. Dance floor to be of dimension of 10 x 12 ft so not more than 8 dancers can dance simultaneously.

d. Customer rewards for dancing are to be routed through management of the establishment and cus