ORDER :

1. We have heard Mr. Kapil Sibal and Mr. Jayant Bhushan, learned senior counsel along with Mr. Presenjit Keswani and Mr. Satyajit Saha, learned counsel appearing for the petitioners and Mr. Tushar Mehta, learned Additional Solicitor General along with Mr. Nishant R. Katneshwarkar, learned counsel appearing for the State of Maharashtra.

2. The Writ Petition has been filed for issuance of an appropriate Writ for declaring Section 33A inserted by way of an amendment by Maharashtra Police (Second Amendment) Act, 2014 as unconstitutional. There is an application for interim prayer, which is to the following effect :-

"Grant ad-interim ex-parte order staying the implementation, operation and effect of the provision of Sections 33A of the Bombay Police Act, 1951 as introduced by the Maharashtra Police (Second Amendment) Act, 2014."

3. To appreciate the prayer made by way of an interim measure, it is requisite to sit in a time machine to understand the controversy. The Bombay Police Act, 1951 (for brevity, "the Act") was enacted 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 regulations in that regard. It is apt to mention here that by virtue of Section 33 of the Act, the Rules for Licensing and Controlling Places of Public Amusement (other than Cinemas) and for Performances for Public Amusement including Melas and Tamashas, 1960 were enacted to regulate and maintain discipline in places of public amusement, melas etc.

4. There was no difficulty with the said provisions. However, an amendment was brought in by addition of Sections 33A and 33B to the Act by `Act 35 of 2005', which came into effect on 14.08.2005. The Constitutional validity of Sections 33A and 33B of the earlier Act were assailed before the High Court of Bombay in a Writ Petition. Sections 33A and 33B at that time read as follows :-

"33A. Prohibition of performance of dance in eating house, permit room or beer bar and other consequential provisions :-

(1) Notwithstanding anything contained in this Act or the rules made by the Commissioner of Police or the District Magistrate under sub-section (1) of Section 33 for the area under their respective charges, on and from the date of commencement of the Bombay Police (Amendment) Act, 2005 -

(a) holding of a performance of dance, of any kind or type, in any eating house, permit room or beer bar is prohibited;

(b) all performance licences, issued under the aforesaid rules by the Commissioner of Police or the District Magistrate or any other officer, as the case may be, being the Licensing Authority, to hold a dance performance, of any kind or type, in an eating house, permit room or beer bar shall stand cancelled.

(2) Notwithstanding anything contained in Section 131, any person who holds or causes or permits to be held a dance performance of any kind or type, in an eating house, permit room or beer bar in contravention of Sub-section (1) shall, on conviction, be punished with imprisonment for a term which may extend to three years and with fine which may extend to rupees two lakhs :

Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than three months and fine shall not be less than rupees fifty thousand.

(3) If it is, noticed by the Licensing Authority that any person, whose performance licence has been cancelled under Sub-section (1), holds or causes to be held or permits to hold a dance performance of any kind or type in his eating house, permit room or beer bar, the Licensing Authority shall, notwithstanding anything contained in the rules framed under section 33, suspend the Certificate of Registration as an eating house and the licence to keep a Place of Public Entertainment (PPEL) issued to a permit room or a