KARNATAKA LIVE BAND RESTAURANTS ASSOCIATIONversusSTATE OF KARNATAKA & ORS.

                         [2018] 1 S.C.R. 533                               533


  KARNATAKA LIVE BAND RESTAURANTS ASSOCIATION                              A
                                   v.
                 STATE OF KARNATAKA & ORS.
                   (Civil Appeal No. 4741 of 2007)
                         JANUARY 25, 2018                                  B
  [R. K. AGRAWAL AND ABHAY MANOHAR SAPRE, JJ.]
       The Licensing and Controlling of Places of Public
Entertainment (Bangalore City) Order, 2005 – Constitutionality of
– Order of 2005 framed u/s.31 of Karnataka Police Act, 1963,
                                                                           C
regulated the running and functioning of restaurants displaying
activities viz. “Live Band Music”, “Cabaret Dance” and
“Discotheque” in restaurants – Writ Petitions by appellant-
Association before High Court questioning the constitutional validity
of the 2005 Order, dismissed by High Court – Held: The 2005 Order
does not suffer from any legal infirmity and is therefore constitutional   D
– Appellant’s business activity, viz., running of restaurants, display
of Live Band Music and two other performances fall under the
expression “Public Entertainment” – 2005 Order was issued only
with a view to control, regulate and supervise the three performances
in the restaurants – Since these performances are displayed in a
                                                                           E
restaurant where public has an access, therefore, in the larger public
interest, these performances have to be controlled, regulated and
supervised by imposing reasonable restrictions in law u/Cl.(6) of
Art.19 of the Constitution – Making it obligatory to obtain licence
to display Cabaret, Discotheque or Live Band is a reasonable
restriction on appellant’s fundamental right to carry on the business      F
of running the restaurants – Controlling of any business by asking
its owner to obtain licence to do such business is a reasonable
restriction on citizen’s fundamental right u/Art.19(1)(g) r/w 19(6) –
Therefore, restaurants engaged in displaying the three performances
specified in Cl.2 (b), (d) and (j) of the 2005 Order are under legal
                                                                           G
obligation to take licence u/Cl.3 – Karnataka Police Act, 1963 –
ss.2 (14), 2 (15) and 31 – Licensing and Controlling of Places of
Public Amusements (Bangalore City) Order, 1989 – Constitution of
India – Art.19(1)(g) and 19(6).

                                                                           H
                                  533
534            SUPREME COURT REPORTS                         [2018] 1 S.C.R.


A            Karnataka Police Act, 1963 – The Licensing and Controlling
      of Places of Public Entertainment (Bangalore City) Order, 2005 –
      Purpose of enactment – Held: The 1963 Act and the 2005 Order
      are enacted keeping in view the safety and the morality of people at
      large.
B           Maxims – “Salus Populi Supremo Lex” and “Salus republicae
      supremo lex”– Concept of individual welfare vis-a-vis community
      welfare – Discussed.
            Constitution of India – Art. 19(1)(g) – Test of reasonableness
      in matters of public interest – Held: Test of reasonableness is required
C     to be viewed in the context of the issues, which faced the legislature
      – In construction of such laws and while judging their validity, the
      Court has to approach the issue from the point of furthering the
      social interest, moral and material progress of the community as a
      whole – In such case therefore, it is required to be decided that
      whether the restrictions imposed are reasonable in the interest of
D     general public or not.
            Constitution of India – Art. 19(6) – Expression “in the interest
      of general public” – Held: Said expression is of wide import which
      comprehends in it public order, public health, public security, morals,
      economic welfare of the community and objects mentioned in Part
E     IV of the Constitution.
            Constitution of India – Art. 19(6) – Power under, of State to
      regulate running of any business – Rights of an individual qua
      general public and the State – Held: State has a right to regulate
      running of any business by putting reasonable restrictions u/Cl.(6)
F     in the interest of general public – Public interest, the welfare and
      safety of general public always override the right of an individual
      – There is no prohibition for any individual to carry on any business,
      however, he has to follow the norms and the statutory regulation
      framed for carrying on the business.
G           The Licensing and Controlling of Places of Public
      Entertainment (Bangalore City) Order, 2005 – Cl. 7, 8 and 9 – If
      arbitrary or unreasonable – Held: Conditions specified in Cl.7, 8
      & 9 deal with public safety, comforts, convenience, morality and
      law and order – There is no unreasonableness or arbitrariness in
      any of the clauses so as to hold that they are unworkable for running
H
 KARNATAKA LIVE BAND RESTAURANTS ASSO. v. STATE                           535
                 OF KARNATAKA

the restaurant and to display the three performances in question          A
viz. “Live Band Music”, “Cabaret Dance” and “Discotheque” –
Those who are not able to ensure compliances of these conditions
or feel that it is not possible for them to comply, may not display the
performances in their restaurants - Public interest, the welfare and
the safety of general public always override the right of an individual
                                                                          B
– There is no prohibition for any individual to carry on such business,
however, he has to follow the norms and the statutory regulation
framed for carrying on the business.
       The Licensing and Controlling of Places of Public
Entertainment (Bangalore City) Order, 2005 – Grant/Rejection of
license under – Powers of licensing authority – Held: The 2005            C
Order provides a check on the powers of the licensing authority in
granting or refusing the licence as the licensing authority is now
required to give reasons for rejecting the licence – Such rejection
can always be made subject matter of challenge in the Court of law
– A provision of this nature eliminates any kind of arbitrariness on      D
the part of licensing authority while considering the grant or
rejection of the licence.
      The Licensing and Controlling of Places of Public
Entertainment (Bangalore City) Order, 2005 – Proviso to Cl.3– Plea
of appellant that the proviso violates Art. 14 contending that Cl.3       E
creates discrimination by excluding those restaurants from obtaining
licence which conduct Yakshagana, Bayalata (field drama) or
Bharat Natyam, folk Art, Music recital, vocal or instrumental like
Veena or Mrudana etc. Held: Not tenable – The aforesaid
performances are not usually performed in restaurants but are
performed in theaters or/and auditoriums as one time performance          F
by the artists whereas the three activities in question, viz.- Cabaret,
Discotheque and Live Band Music are regularly performed and
attract more crowd – Further, those items even if performed in
restaurants do not involve any kind of indecency or obscenity
whereas the three performances in question may, unless controlled         G
– Thus, there appears reasonable distinction between the two sets
of performances – Constitution of India – Art.14.
     Pollution – Noise Pollution – Caused due to regular display
and performance of Cabaret, Discotheque and Live Band Music in
the restaurants – Remedial steps for – Direction – Held:                  H
536            SUPREME COURT REPORTS                      [2018] 1 S.C.R.


A     Commissioner of Police shall ensure that no noise pollution is caused
      to the residents of the nearby area due to any of the three
      performances in any restaurant and that remedial steps are taken
      in that behalf – The Licensing and Controlling of Places of Public
      Entertainment (Bangalore City) Order, 2005 – Cl.7 (K).
B           Kerala Police Act, 1963 – s.2(15) – Places of public
      entertainment – Public Interest – Appropriate safety measures – Held:
      With a view to avert any untoward incident due to breaking of fire
      in the licensed premises, appropriate specific safety measures must
      be carried out under the guidance of team of experts – These steps
      are in public interest and it should be given precedence by
C     Commissioner of Police not only while granting of licenses but also
      by doing regular inspection of licensed premises without any lapse
      – The Licensing and Controlling of Places of Public Entertainment
      (Bangalore City) Order, 2005.
            Dismissing the appeal, the Court
D
            HELD: Article 19 – Test of reasonableness and
      Constitutionality of The Licensing and Controlling of Places of
      Public Entertainment (Bangalore City) Order, 2005.
             1.1 Article 19(1)(g) of the Constitution of India accords
E     fundamental rights to carry on any profession, occupation, trade
      or business. However, the right guaranteed under sub-clause (g)
      of Clause (1) of Article 19 is made subject to imposition of
      appropriate reasonable restrictions by the State in the interest of
      general public under clause (6). As and when the question arises
      as to whether a particular restriction imposed by law under clause
F     (6) is reasonable or not, such question is left for the Court to
      decide. The expression “in the interest of general public”
      occurring in Clause (6) is an expression of wide import which
      comprehends in it public order, public health, public security,
      morals, economic welfare of the community and lastly objects
G     mentioned in Part IV of the Constitution. The test of
      reasonableness is required to be viewed in the context of the
      issues, which faced the impugned legislature. In construction of
      such laws and while judging their validity, the Court has to
      approach the issue from the point of furthering the social interest,
      moral and material progress of the community as a whole.
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 KARNATAKA LIVE BAND RESTAURANTS ASSO. v. STATE                         537
                 OF KARNATAKA

Likewise, while examining such question, the Court cannot               A
proceed on a general notion of what is reasonable in its abstract
form nor the Court can proceed to decide such question from the
point of view of the person on whom such restriction is imposed.
What is, therefore, required to be decided in such case is whether
the restrictions imposed are reasonable in the interest of general
                                                                        B
public or not. The State has a right to regulate running of any
business by putting reasonable restrictions under clause (6) in
the interest of general public. [Paras 45, 46, 48 and 49][523-F-H;
563-D-E]
       1.2 In the light of the aforementioned general principles of
law, it is clear that the 2005 Order does not suffer from any legal     C
infirmity and is therefore constitutional for the following reasons:
First, Section 31, Kerala Police Act, 1963 is a valid piece of
legislation. Its constitutionality is not questioned. Second, clauses
(w) and (x) of Section 31 empowers the Commissioner of Police
to issue Order in respect of the matters specified therein. Third,      D
it is in exercise of this statutory power, the Commissioner of
Police, Bangalore has issued the 2005 Order to regulate, control
and supervise the activities specified in Clause (w) and (x). Fourth,
in the light of these three reasons, no fault can be found so far as
the source of power of the Commissioner of Police to issue the
2005 Order is concerned. Fifth, the 2005 Order has been issued          E
to deal with three activities, which are covered by the expression
“Public Entertainment” as defined in Section 2(15) of the Act. In
other words, the appellant’s business activity, viz., running of the
restaurants and display of Live Band and two others fall under
the expression “Public Entertainment”. Sixth, in the light of           F
aforementioned reasonings, Cabaret, Discotheque or Live Band
Music are rightly subjected to the rigor of 2005 Order. Indeed,
the 2005 Order has been issued only with a view to control,
regulate and supervise the three performances in the restaurants.
Since these performances are displayed in a restaurant where
public has an access and, therefore, in the larger public interest,     G
these performances have to be controlled, regulated and
supervised by imposing reasonable restrictions in law under
clause (6) of Article 19. Seventh, making it obligatory to obtain
licence under Clause 3, 2005 Order to display Cabaret,
                                                                        H
538            SUPREME COURT REPORTS                      [2018] 1 S.C.R.


A     Discotheque or Live Band is a reasonable restriction on the
      appellant’s fundamental right to carry on the business of running
      the restaurants. Indeed, controlling of any business by asking its
      owner to obtain licence to do such business is a reasonable
      restriction on citizen’s fundamental right under Article 19(1)(g)
      read with clause (6) and there is no illegality in such regulation.
B
      Eighth, conditions specified in Sub-clauses (a) to (l) of Clause 7,
      Clause 8 and Clause 9 of the 2005 Order are well conceived
      conditions in public interest. These conditions ensure the safety
      and the welfare of the general Public who regularly visits such
      restaurants to take food and witness the live performances of
C     the artists in the restaurants. Indeed, if these safety measures
      are not adhered to by the owners of the restaurants while running
      their restaurants, the general public would always have a risk of
      subjecting themselves to the happening of any untoward incident
      endangering their life and safety. [Paras 51- 58][564-B-C; 565-
      C]
D
           Whether the 2005 Order violates Article 14 of the
      Consitution of India and is discriminatory?
            2.1 The appellant has not been able to make out any case
      of arbitrariness or discrimination so as to attract the rigor of
E     Article 14 of the Constitution. Indeed, the 2005 Order does not
      create any discrimination. [Paras 72, 73][567-F-G]
             2.2 The restaurants which are engaged in displaying the
      three performances specified in Clause 2 (b), (d) and (j) of the
      2005 Order are under legal obligation to take licence under
F     Clause 3. However, according to the appellant, the proviso to
      Clause 3 creates a discrimination inasmuch as there does not
      appear to be any justifiable reason to exclude those restaurants
      from obtaining the licence which are conducting Yakshagana,
      Bayalata (field drama) or Bharat Natyam, folk Art, Music recital,
      vocal or instrumental like Veena or Mrudana etc. There is no
G     merit in this submission for the following reasons. First, it is for
      the Police Commissioner to decide in its discretion having regard
      to the totality of entire fact situation as to what should be brought
      within the ambit of the Order 2005 and what should be left out
      from its clutches. Second, the performances specified in the
H     proviso, are not usually performed in restaurants but are
 KARNATAKA LIVE BAND RESTAURANTS ASSO. v. STATE                         539
                 OF KARNATAKA

performed in theaters or/and auditoriums as one time                    A
performance by the artists whereas the three performing items
namely - Cabaret, Discotheque and Live Band Music are the
activities which are regularly performed and attract more crowd
and lastly the items specified in proviso even if performed in
restaurants does not involve any kind of indecency or obscenity
                                                                        B
whereas other three performances may unless controlled. The
proviso is more clarificatory in nature. Further, in any case, if the
Commissioner finds that the performances specified in proviso
may also be brought within the ambit of the Order 2005 then he
is always at liberty to include any such performance in Clause 3.
[Paras 73-76][567-G-H; 568-F]                                           C
      2.3 In the light of the foregoing discussion, it is clear that
the Order 2005 does not suffer from any arbitrariness or
unreasonableness. Both the Courts below were justified in
upholding the 2005 Order as being constitutional and legal. [Para
78][568-G-H]                                                            D
       2.4 The 2005 Order is upheld. Accordingly, the respondent-
Police Commissioner, Bengaluru is directed to verify and ensure
strict compliance of the licence conditions, including all the
conditions of the 2005 Order in relation to all the licensees in
whose favour, the licences have been issued so far. The                 E
Commissioner will further verify and ensure that those restaurant
owners who have not obtained licences so far and yet running
their restaurant without holding the licence, such restaurant
owners be granted some reasonable time to apply for obtaining
the licence after ensuring compliances as provided in the Order
2005, which alone will enable them to run their restaurants in          F
conformity with the requirements of the Order 2005. Failure to
obtain the licence after granting a reasonable time to the restaurant
owners would result in closure of their restaurants after giving
them notice of the closure. [Paras 79-81][569-A, C-D]
Concept of individual welfare vis-a-vis community welfare.              G
     3. “Salus Populi Supremo Lex” means the safety of the
people is the supreme law and the other is “Salus republicae
supremo lex” means safety of the State is the supreme law. It is
the prime duty, rather statutory duty, of the Police personnel/
                                                                        H
540            SUPREME COURT REPORTS                      [2018] 1 S.C.R.


A     administration of every State to maintain and give precedence to
      the safety and the morality of the people and the State. Indeed,
      both are important and lie at the heart of the doctrine that the
      welfare of an individual must yield to that of the community. The
      1963 Act and the 2005 Order are enacted keeping in view the
      safety and the morality of the people at large. [Paras 38, 39][560-
B
      C-D, E]
            Compliances under Clauses 7, 8 and 9 of the 2005 Order.
             4.1 The conditions specified in Clauses 7, 8 and 9 directly
      deal with the public safety, comforts, convenience, morality and
C     law and order and there is no unreasonableness or arbitrariness
      in any of the clauses so as to hold that they are unworkable for
      running the restaurant and to display the three performances.
      Those who find themselves unable to ensure compliances of these
      conditions or feel that it is not possible for them to comply, may
      not display the performances in their restaurants. All the measures
D     set out in Clauses 7, 8 and 9 need to be complied with in letter
      and spirit by every restaurant owner before obtaining the licence
      and they must continue to observe its compliances during currency
      of the licence on regular basis for the benefit, safety and the
      welfare of the customers and the residents of the area. Further,
E     the 2005 Order has rightly provided a check on the powers of
      the licensing authority in granting or refusing the licence inasmuch
      as the licensing authority is now required to give reasons for
      rejecting the licence. Such rejection can always be made subject
      matter of challenge in the Court of law by an aggrieved. A
      provision of this nature eliminates any kind of arbitrariness on
F     the part of licensing authority while considering the grant or
      rejection of the licence under 2005 Order. [Paras 62, 63 and 68-
      71][566-E, F; 567-C-E]
            4.2 Public interest, welfare and the safety of general public
      always override the right of an individual. There is no prohibition
G     for any individual to carry on such business. However, if he wishes
      to carry on such business, he has to follow the norms and the
      statutory regulation framed for carrying on the business. He
      cannot be heard to say that he will carry on the business but
      without ensuring the norms and the regulations framed for the
H     purpose.[Para 64][566-F-G]
 KARNATAKA LIVE BAND RESTAURANTS ASSO. v. STATE                       541
                 OF KARNATAKA

      4.3 Indeed, judicial notice is taken of an incident that        A
occurred in recent past in a restaurant in Mumbai where life of
several innocent people sitting in the restaurants were lost due
to lapses in ensuring compliance of safety measures. Yet another
incident of the similar nature occurred few years before in Upahar
Theater in Delhi where several innocent people lost their life
                                                                      B
due to non-observance of safety measures. When such incidents
occur, they never obliterate from the memories of the citizen and
leave a message to all the stakeholders that steps for strict
compliance must be taken to avoid any such recurrence in future
at any place. All the stakeholders to keep the aforesaid
observations in mind. [Paras 66, 67][567-A-C]                         C
Clause 7(K) of the 2005 Order. Need for remedial measures.
       5.1 Though Clause 7 (K) of the 2005 Order rightly provides
in general to ensure that the proposed premises do not cause
any obstruction, inconvenience, annoyance, risk, danger or
damage to the residents or to passerby of such premises, but          D
there is no specific clause/condition dealing with control of noise
pollution which is likely to create or rather bound to create due
to regular display and performance of the three activities in the
restaurants thereby causing disturbance, annoyance and
inconvenience to the near residents of the nearby area. The           E
Commissioner shall ensure that no noise pollution is caused to
residents of the nearby area due to any of the three performances
in any restaurant and that remedial steps are taken in that behalf.
Similarly, with a view to avert any untoward incident due to
breaking of fire in the licensed premises, appropriate specific
safety measures must be carried out under the guidance of team        F
of experts. These steps are in public interest and it should be
given precedence by the Commissioner of Police not only at the
time of granting of license but also by doing regular inspection of
the licensed premises without any lapse on his part. [Paras 82,
83]569-D-G]                                                           G
      Bijoe Emmanuel & Ors. v. State of Kerala & Ors. (1986)
      3 SCC 615 : [1986] 3 SCR 518; Secretary, Ministry of
      Information & Broadcasting, Govt. of India & Ors. v.
      Cricket Association of Bengal & Ors. (1995) 2 SCC
      161 : [1995] 1 SCR 1036; Tata Press Ltd. v. Mahanagar           H
542     SUPREME COURT REPORTS                      [2018] 1 S.C.R.


A     Telephone Nigam Ltd.(1995) 5 SCC 139 : [1995]
      2 Suppl. SCR 467; Mrs. Usha Uthup v. State of West
      Bengal & Ors. AIR 1984 Cal.268; Sakal Papers (Pvt.)
      Ltd. v. U.O.I. AIR 1962 SC 305 : [1962] SCR 842;
      Indian Express Newspapers (Bombay) Pvt. Ltd. & Ors.
      v. U.O.I.& Ors. (1985) 1 SCC 641 : [1985] 2 SCR 287;
B
      Express Newspaper(P) Ltd. & Anr. v. U.O.I. & Ors. AIR
      1958 SC 578 : [1959] SCR 12; Life Insurance Corpn.
      of India v. Manubhai D.Shah (1992) 3 SCC 637 :
      [1992] 3 SCR 595; R. Rajagopal @ R.R. Gopal & Anr.
      v. State of T.N. & Ors. (1994) 6 SCC 632 : [1994] 4
C     Suppl. SCR 353; K.A. Abbas v. U.O.I. & Anr. (1970)
      2 SCC 780 : [1971] 2 SCR 446; Mohd. Faruk v. State
      of M.P. & Ors. (1969) 1 SCC 853 : [1970] 1 SCR
      156; Dharam Dutt & Ors. v. U.O.I. & Ors. (2004) 1
      SCC 712 : [2003] 6 Suppl. SCR 151; Cellular
      Operators Asson. Of India & Ors. v. TRAI & Ors. (2016)
D
      7 SCC 703 : [2016] 9 SCR 1; M/s Dwarka Prasad
      Laxmi Narain v. State of U.P. & Ors. AIR 1954 SC 224 :
      [1954] SCR 803; State of Maharashtra & Anr. v.
      Indian Hotel & Restaurants Asson. & Ors. (2013) 8
      SCC 519 : [2013] 7 SCR 654; People’s Union for Civil
E     Liberties & Anr. v. U.O.I. & Anr. (2013) 10 SCC 1 :
      [2013] 12 SCR 283; Raja Video Parlour & Ors. v. State
      of Punjab & Ors. (1993) 3 SCC 708 : [1993] 1 Suppl.
      SCR 149; M/s Noorulla Ghazanfarulla v. Municipal
      Board of Aligarh & Ors. (1982) 1 SCC 484; Andhra
      Industrial Works, A.P. v. Chief Controller of Imports &
F
      Ors. AIR 1974 SC 1539 : [1975] 1 SCR 327; Dr. Ram
      Manohar Lohia v. State of Bihar & Anr. AIR 1966 SC
      740 : [1966] SCR 709; Delhi Cloth & General Mills
      Co. Ltd. etc. v. U.O.I. Etc. (1983) 4 SCC 166 : [1983]
      3 SCR 438; Illachi Devi(D) by L.Rs. & Ors. v. Jain
G     Society, Protection of Orphans India & Ors. (2003) 8
      SCC 413 : [2003] 4 Suppl. SCR 62; M.J. Sivani & Ors.
      v. State of Karnataka & Ors. (1995) 6 SCC 289; Indulal
      K. Yagnik v. State & Ors. AIR 1963 Guj. 259; Saia v.
      People of State of New York 334 US 558 (1948) –
      distinguished.
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KARNATAKA LIVE BAND RESTAURANTS ASSO. v. STATE              543
                OF KARNATAKA

   Budhan Choudhry v. State of Bihar AIR 1955 SC 191 :      A
   [1955] SCR 1045; RamKrishna Dalmia & Ors. v. S.R.
   Tendulkar & Ors. AIR 1958 SC 538 : [1959] SCR 279;
   State of Madras v. VG Row AIR 1952 SC 196 : [1952]
   SCR 597 – followed.
   Shashikant Laxman Kale & Anr. v. Union of India &        B
   Anr. (1990) 4 SCC 366 : [1990] 3 SCR 441; State of
   Maharashtra & Anr. v. Indian Hotel & Restaurants
   Association & Ors.(2013) 8 SCC 519 : [2013] 7
   SCR 654; Municipal Corporation of the City of
   Ahmedabad & Ors. v. Jan Mohammed Usmanbhai &
   Anr. (1986) 3 SCC 20 : [1986] 2 SCR 700; Deepak          C
   Theatre, Dhuri v. State of Punjab & Ors. (1992) Suppl.
   1 SCC 684 : [1991] 3 Suppl. SCR 242; Minerva
   Talkies, Bangalore & Ors. v. State of Karnataka & Ors.
   (1988) Suppl. SCC 176 – referred to.
                    Case Law Reference                      D

   [1986] 3 SCR 518          distinguished        Para 32
   [1995] 1 SCR 1036         distinguished        Para 32
   [1995] 2 Suppl. SCR 467 distinguished          Para 32
                                                            E
   AIR 1984 Cal.268          distinguished        Para 32
   [1962] SCR 842            distinguished        Para 32
   [1985] 2 SCR 287          distinguished        Para 32
   [1959] SCR 12             distinguished        Para 32
                                                            F
   [1992] 3 SCR 595          distinguished        Para 32
   [1994] 4 Suppl. SCR 353 distinguished          Para 32
   [1971] 2 SCR 446           distinguished       Para 32
   [1970] 1 SCR 156           distinguished       Para 32
                                                            G
   [2003] 6 Suppl. SCR 151     distinguished      Para 32
   [2016] 9 SCR 1             distinguished       Para 32
   [1954] SCR 803             distinguished       Para 32

                                                            H
544            SUPREME COURT REPORTS                      [2018] 1 S.C.R.


A           [2013] 7 SCR 654             distinguished      Para 32
            [2013] 12 SCR 283            distinguished      Para 32
            [1993] 1 Suppl. SCR 149 distinguished           Para 32
            (1982) 1 SCC 484             distinguished      Para 32
B           [1975] 1 SCR 327             distinguished      Para 32
            [1966] SCR 709               distinguished      Para 32
            [1983] 3 SCR 438             distinguished      Para 32
            [2003] 4 Suppl. SCR 62       distinguished      Para 32
C
            (1995) 6 SCC 289             distinguished      Para 32
            AIR 1963 Guj. 259            distinguished      Para 32
            334 US 558 (1948)            distinguished      Para 32
            [1955] SCR 1045              followed            Para 42
D
            [1959] SCR 279               followed            Para 43
            [1990] 3 SCR 441             referred to        Para 44
            [2013] 7 SCR 654             referred to        Para 44
            [1952] SCR 597               followed            Para 47
E
            [1986] 2 SCR 700             referred to        Para 48
            [1991] 3 Suppl. SCR 242 referred to             Para 48
            (1988) Suppl. SCC 176        referred to        Para 49

F           CIVIL APPELLATE JURISDICTION: Civil Appeal No. 4741
      of 2007.
            From the Judgment and Order dated 19.04.2007 of the High Court
      of Karnataka at Bangalore in Writ Appeal No. 556/2007(GM-Police).
            S. N. Bhat, Adv. for the Appellants.
G
            V. N. Raghupathy, Adv. for the Respondents.
            The Judgment of the Court was delivered by
            ABHAY MANOHAR SAPRE, J. 1. This appeal is directed
      against the final judgment and order dated 19.04.2007 passed by the
H
 KARNATAKA LIVE BAND RESTAURANTS ASSO. v. STATE                                 545
    OF KARNATAKA [ABHAY MANOHAR SAPRE, J.]

High Court of Karnataka at Bangalore in Writ Appeal No. 556 of 2007             A
(GM-POLICE) whereby the High Court dismissed the appeal filed by
the appellant herein praying for setting aside the order dated 09.02.2007
passed by the Single Judge of the High Court in Writ Petition No.27523
of 2005.
       2. In order to appreciate the controversy involved in the appeal, it     B
is necessary to set out the facts infra in detail including the background
facts, which led to filing of this appeal.
      3. The appellant is the Association registered under the Karnataka
Societies Registration Act, 1960 and Rules framed thereunder. The
Association is formed by the persons, who are engaged in the business           C
of running the restaurants in various parts of the city of Bangalore (now
Bengaluru).
      4. In addition to serving food items/beverages to their customers,
the owners of these restaurants also entertain their customers by
displaying “Live Band Music” in their restaurants. Indeed, the purpose          D
of providing the facility of “Live Band Music” is to attract more and
more customers in the restaurants. In some restaurants, the “cabaret
dance” and “discotheque” are also performed to attract the customers.
       5. The facility of “Live Band Music” and other two items in the
restaurants gave a cause to the dispute, which led to filing of the writ        E
petitions in the High Court of Karnataka in the year 1989 and later in
appeal to this Court by the appellant-Association and some individual
restaurants’ owners against the State. The dispute arose with the
following background.
      6. The Karnataka Police Act, 1963 (hereinafter referred to as             F
“the Act”), apart from dealing with several other matters pertaining to
police force/administration, also deals with the subject “Police
Regulations” in Chapter IV of the Act.
        7. Section 31, which falls in Chapter IV, deals with power to make,
alter or rescind orders issued for regulation of traffic and for preservation
                                                                                G
of order in public places. This Section empowers the Commissioner and
the District Magistrate to make orders, alter or rescind subject to a caveat
that it should not be inconsistent with the provisions of the Act.


                                                                                H
546             SUPREME COURT REPORTS                            [2018] 1 S.C.R.


A            8. The Commissioner and the District Magistrate are empowered
      to regulate the traffic and to preserve and control the public places.
      Section 31 (a) to (z) has specified different areas for this purpose. It is,
      in exercise of this power, the Commissioner/District Magistrate of
      Bengaluru issued an order in the year 1989 called “Licensing and
      Controlling of Places of Public Amusements (Bangalore City) Order,
B
      1989” (hereinafter referred to as “the Order 1989”). The Commissioner
      then called upon the restaurant owners, who were displaying “Live Band
      Music” in their restaurants to obtain the licences under Order 1989 for
      running their restaurants and for displaying the Live Band Music.
              9. The restaurants owners felt aggrieved and filed the writ petitions
C     in the High Court of Karnataka. According to them, their restaurants
      wherein they were displaying “Live Band Music” for entertaining their
      customers, was not an activity covered under Order 1989. It was
      contended that these restaurants could not be treated as a place of “Public
      Amusement” as defined under Section 2(14) of the Act, but at best
D     could be treated as a place of “Public Entertainment” as defined under
      Section 2(15) of the Act. In other words, the contention of the writ
      petitioners was that the applicability of the Order 1989 was confined
      only to the places of “Public Amusement” and since the restaurants
      were displaying Live Band Music, their place could not be termed as the
      place of public amusement as defined under Section 2(14) of the Act. It
E     is for this reason, the provisions of the Order 1989 could not be extended
      to their restaurants.
             10. It was contended that there lies a distinction between the
      activities falling in “Public Amusement” and those falling in “Public
      Entertainment” as is clear from the two expressions defined in Section 2
F     (14) and Section 2 (15) of the Act.
             11. The Writ Court (Single Judge) finding substance in the writ
      petitioners’ aforementioned contention allowed the writ petitions and
      quashed the order of the Commissioner. However, the Division Bench
      in an appeal filed by the State set aside the order of the Single Judge and
G     while allowing the State’s appeal dismissed the writ petitions. The writ
      petitioners felt aggrieved and filed appeals by way of special leave before
      this Court being Civil Appeal Nos. 1857-1858 of 2000.
            12. By order dated 28.11.2002 (Annexure P-3), this Court allowed
      the appeals and restored the order of the Single Judge. It was held that
H
 KARNATAKA LIVE BAND RESTAURANTS ASSO. v. STATE                                547
    OF KARNATAKA [ABHAY MANOHAR SAPRE, J.]

the writ petitioners’ premises, i.e., restaurants displaying Live Band Music   A
is not a place of “Public Amusement” but it is a place of “Public
Entertainment”. It was held that the Order 1989 was, therefore, not
applicable to the writ petitioners’ (appellants’) restaurants for regulating
the activities carried on therein as the same fell outside the purview of
the Order 1989. The operative part of the order reads as under:
                                                                               B
      “In view of the aforesaid conclusion of ours, we are of the
      considered opinion that the appellants’ premises which is
      a “place of public entertainment” cannot be held to be also
      a “place of public amusement” merely because a live band
      is also provided in the place of entertainment where food
      and drinks are served and consequently the provisions of                 C
      the Licensing Order will have no application to such
      premises. The impugned judgment of the Division Bench
      of the High Court is set aside and these appeals are
      accordingly allowed.”
      13. It is with this factual background, the Police Commissioner,         D
Bangalore city was required to issue the Order in the year 2005 called
“The Licensing and Controlling of Places of Public Entertainment
(Bangalore City) Order, 2005” (hereinafter referred to as “the Order
2005”) under Section 31 of the Act. It is this order which gave rise to
second round of litigation in the High Court and now in this appeal.           E
       14. The Order 2005 with which we are concerned in this appeal
was passed by the Commissioner of Police with a view to regulate the
running and the functioning of the restaurants providing the facility of
displaying “Live Band Music”, “cabaret dance” and “discotheque” in
the restaurants. The details of the Order 2005 would be mentioned at a         F
later stage while dealing with the issues.
       15. The appellant-Association felt aggrieved by the Order 2005
filed writ petitions and challenged its legality and validity. The Single
Judge was of the view that since the Commissioner did not comply with
the procedure laid down in Section 31 of the Act before issuing the            G
Order inasmuch as he did not invite any objections from the public at
large, the Order 2005 is bad in law.
       16. The Single Judge, accordingly, disposed of the writ petitions
and directed the Commissioner of Police to treat the Order 2005 impugned
                                                                               H
548             SUPREME COURT REPORTS                           [2018] 1 S.C.R.


A     in the writ petitions to be the “draft Order” and granted an opportunity to
      the public at large to file their objections as provided in the Act to the
      proposed draft Order 2005 and then to proceed in the case in accordance
      with law. The Single Judge further held that since Live Band Music was
      not being displayed for a long period in the restaurants, no prejudice
      would be caused to the restaurants’ owners, if they do not display the
B
      Live Band Music for a further period of two months. The Commissioner
      was, accordingly, directed to decide the objections, if any, filed by the
      parties concerned within two months and then to proceed in accordance
      with law.
            17. Dissatisfied with the order of the Single Judge, the appellant-
C     Association and many other restaurants owners filed intra Court appeal
      before the Division Bench. The Division Bench dismissed the appeal.
      The appellant-Association felt aggrieved and carried the matter in appeal
      by special leave before this Court.
             18. This Court by order 02.12.2005 allowed the appeal in part and
D     permitted the appellant members to run their restaurants with display of
      Live Band Music till Rules are framed. This Court, however, imposed
      three conditions on the restaurants’ owners. First, the proposed display
      of entertainment would not be used to promote the public gambling or
      the game house, it shall not be used for prostitution and no narcotic
E     substance will be allowed to be consumed in the restaurants. Second,
      the restaurants owners will not organize or allow any performance or
      shows, which are immoral, obscene or indecent and will ensure that
      there is no obscenity or indecency in dress, movement or gesture and
      will ensure that the performers does not expose their person; and third,
      the restaurant owners shall not permit any obscene or objectionable
F     posters or pictures to be exhibited in their restaurants. The owners of
      the restaurants also gave the undertaking that they would not allow these
      three things to occur in their restaurants.
            19. The Commissioner then issued the impugned Order 2005 on
      09.12.2005 (Annexure-P-8) after ensuring the compliances as directed.
G     This gave rise to filing of the writ petition by the appellant-Association
      questioning its constitutional validity in the High Court of Karnataka.
            20. The challenge to the Order 2005 was based mainly on two
      grounds. First, the Licensing Order, 2005 violates Article 14 of the
      Constitution and being discriminatory in nature, is not legally sustainable.
H
 KARNATAKA LIVE BAND RESTAURANTS ASSO. v. STATE                               549
    OF KARNATAKA [ABHAY MANOHAR SAPRE, J.]

Second, it infringes the appellant’s fundamental right guaranteed under       A
Article 19(1)(g) of the Constitution and hence ultra vires the provisions
of the Constitution.
       21. The Single Judge repelled both the aforementioned submissions
of the appellant-Association and by order dated 09.02.2007 dismissed
the appellant’s writ petition. As a consequence thereof, the Order 2005       B
was upheld.
       22. The appellant felt aggrieved and filed the writ appeal before
the Division Bench of the High Court. The Division Bench concurred
with the reasoning and conclusion of the Single Judge and, by impugned
judgment, dismissed the appeal.                                               C
       23. The writ petitioners felt aggrieved and filed the present appeal
by way of special leave in this Court. This is how the issue has reached
to this Court to examine the legality and correctness of the Order 2005
issued by the Commissioner under Section 31 of the Act.
      24. Heard Mr. S.N. Bhat, learned counsel for the appellant and          D
Mr. V.N. Raghupathy, learned counsel for the respondents.
      25. Learned Counsel for the appellant (writ petitioner/restaurant
owners’ Association) while assailing the legality and correctness of the
reasoning and the conclusion of the Single Judge (writ Court) and the
Division Bench, reiterated the same submissions, which were                   E
unsuccessfully urged by the appellant before the two Courts below.
       26. Elaborating his submissions, learned counsel contended that
the activity of displaying Live Band Music in the restaurants with which
we are concerned in this appeal is not an activity of a nature, which can
be brought within the four corners of Section 31 of the Act so as to          F
regulate its functioning by the impugned Order 2005.
      27. In other words, the submission was that it is not necessary for
the appellant to take licence for displaying the Live Band Music in their
restaurants and such activity can be performed in the restaurants even
without the licence under the Order 2005, as was being done by them till      G
2005.
      28. His submission was that insistence of the Commissioner of
Police on the restaurant owners to obtain the licence under Clause 3 of
the Order 2005 violates the principle of equality enshrined in Article 14
                                                                              H
550             SUPREME COURT REPORTS                           [2018] 1 S.C.R.


A     of the Constitution, as also it infringes their fundamental right guaranteed
      under Article 19 (1)(g) of the Constitution to practice any profession, or
      to carry on any occupation, trade or business.
             29. Learned counsel urged that the conditions specified in the
      Order 2005 to obtain the licence are unworkable, unreasonable and harsh
B     and thus are incapable of being implemented. The conditions, according
      to the learned counsel, also creates a discrimination between the two
      alike restaurants without any reasonable classification as it requires one
      restaurant owner to obtain the licence and exclude other similar restaurant
      owners from obtaining the licence.
C           30. Learned counsel urged that since the restrictions imposed on
      the appellant while running the restaurants are found unworkable or/and
      unreasonable, it amounts to infringement of their fundamental right
      guaranteed under Article 19(1)(g) of the Constitution.
            31. Learned counsel then elaborated the aforementioned
D     submissions by referring to various clauses of the Order 2005 with a
      view to show their unreasonableness and harshness in implementation
      and contended that the Order 2005 deserves to be quashed as being
      unconstitutional.
            32. Learned counsel for the appellant filed a compilation of the
E     cases in support of his contentions. These decisions are Bijoe
      Emmanuel & Ors. vs. State of Kerala & Ors. (1986) 3 SCC 615,
      Secretary, Ministry of Information & Broadcasting, Govt.of India
      & Ors. vs. Cricket Association of Bengal & Ors. (1995) 2 SCC
      161, Tata Press Ltd. vs. Mahanagar Telephone Nigam Ltd., (1995)
      5 SCC 139, Mrs. Usha Uthup vs. State of West Bengal & Ors.,
F     AIR 1984 Cal.268, Sakal Papers (Pvt.) Ltd. vs. U.O.I., AIR 1962
      SC 305, Indian Express Newspapers (Bombay) Pvt. Ltd. & Ors.
      vs. U.O.I. & Ors. (1985) 1 SCC 641, Express Newspaper(P) Ltd.
      & Anr. Vs. U.O.I. & Ors. AIR 1958 SC 578, Life Insurance Corpn.
      of India vs. Manubhai D. Shah, (1992) 3 SCC 637, R. Rajagopal @
G     R.R. Gopal & Anr. Vs. State of T.N. & Ors., (1994) 6 SCC 632,
      K.A. Abbas vs. U.O.I. & Anr. (1970) 2 SCC 780, Mohd. Faruk vs.
      State of M.P. & Ors. (1969) 1 SCC 853, Dharam Dutt & Ors. vs.
      U.O.I. & Ors. (2004) 1 SCC 712, Cellular Operators Asson. Of
      India & Ors. vs. TRAI & Ors. (2016) 7 SCC 703, M/s Dwarka
      Prasad Laxmi Narain vs. State of U.P. & Ors., AIR 1954 SC 224,
H
 KARNATAKA LIVE BAND RESTAURANTS ASSO. v. STATE                                 551
    OF KARNATAKA [ABHAY MANOHAR SAPRE, J.]

State of Maharashtra & Anr. vs. Indian Hotel & Restaurants                      A
Asson. & Ors. (2013) 8 SCC 519, People’s Union for Civil Liberties
& Anr. vs. U.O.I. & Anr. (2013) 10 SCC 1, Raja Video Parlour &
Ors. vs. State of Punjab & Ors. (1993) 3 SCC 708, M/s Noorulla
Ghazanfarulla vs. Municipal Board of Aligarh & Ors. (1982) 1 SCC
484, Andhra Industrial Works, A.P. vs. Chief Controller of Imports
                                                                                B
& Ors., AIR 1974 SC 1539, Dr. Ram Manohar Lohia vs. State of
Bihar & Anr. AIR 1966 SC 740, Delhi Cloth & General Mills Co.
Ltd. etc. vs. U.O.I. Etc., (1983) 4 SCC 166, Illachi Devi(D) by L.Rs.
& Ors. vs. Jain Society, Protection of Orphans India & Ors., (2003)
8 SCC 413, M.J. Sivani & Ors. vs. State of Karnataka & Ors.,
(1995) 6 SCC 289, Indulal K. Yagnik v. State & Ors. AIR 1963 Guj.               C
259 and Saia vs. People of State of New York, 334 US 558 (1948).
      33. In reply, learned counsel for the respondent (State) supported
the reasoning and conclusion arrived at in impugned judgment and
contended that the appeal has no merit.
      34. Before we proceed to examine the various submissions urged            D
by the learned counsel for the parties, it is apposite to take note of the
relevant provisions of the Act and the Order 2005, which have a bearing
over the controversy.
       35. Section 2 (14) of the Act defines the expression “Place of
Public Amusement” whereas Section 2(15) defines the expression “Place           E
of Public Entertainment”. As mentioned above, Section 31 gives power
to the Commissioner of the Police and the District Magistrate to make
orders for regulation of traffic and for preservation of order in public
places etc. Clause (w) of Section 31 deals with licensing or controlling
places of public amusement or entertainment whereas clause (x) deals            F
with licensing or controlling with such exceptions as may be specified,
the musical, dancing, mimetic or theatrical or other performances for
public amusement including melas and tamashas.
       36. Clause 2 of the Order 2005 defines certain expressions such
as “Cabaret”, “Discotheque”, “Educational Institution”, “Live Band”,            G
“Religious Institution”. Clause 3 deals with obtaining of the licence. Clause
4 deals with the application for licence. Clause 5 gives power to the
licensing authority to make inspection of the premises. Clause 7 deals
with grant or refusal of licence. Clause 8 deals with the seating
arrangements in the premises in question. Clause 9 deals with Notice
                                                                                H
552            SUPREME COURT REPORTS                          [2018] 1 S.C.R.


A     Board. Clause 10 deals with renewal of licence. Clause 11 deals with
      termination of licence. Clause 12 deals with prohibition of change of the
      name. Clause 13 deals with power to stop music. Clause 14 deals with
      suspension of licence. Clause 15 deals with procedure for cancellation
      of licence. Clause 16 deals with inspection of licenced premises. Clause
      17 deals with notice to the licensing authority and clause 18 deals with
B
      licence fees.
            37. Relevant Sections of the Act and the clauses of the Order
      2005 need reproduction in verbatim infra.
                             Section 2(14) of the Act
C           “(14) “place of public amusement” means any place, where
            music, singing, dancing, or any diversion, or game, or the
            means of carrying on the same is provided and to which the
            public are admitted and includes a race course, circus,
            theatre, music hall, billiard room, bagatelle room,
            gymnasium, fencing school, swimming pool or dancing hall;
D
                                  Section 2(15)
            (15) “place of public entertainment” means any place to
            which the public are admitted and where any kind of food
            or drink is supplied for consumption in the premises by
E           any person owning or having an interest in or managing
            such place and includes a refreshment room, eating house,
            coffee house, liquor house, boarding house, lodging house,
            hotel, tavern, or a shop where wine, beer, spirit, arrack,
            toddy, ganja, or other kind of liquor or intoxicant or any
            kind of food or drink is supplied to the public for
F           consumption in or near such shop;”
                                    Section 31
            Section 31 - Power to make orders for regulation of traffic
            and for preservation of order in public places, etc. (1) The
            Commissioner and the District Magistrate, in areas under
G           their respective charges or any part thereof, may make,
            alter or rescind orders not inconsistent with this Act, for,—
                                    Clause (w)
             (w) (i) licensing or controlling places of public amusement
            or entertainment;
H
KARNATAKA LIVE BAND RESTAURANTS ASSO. v. STATE                      553
   OF KARNATAKA [ABHAY MANOHAR SAPRE, J.]

   (ii) prohibiting the keeping of places of public amusement       A
   or entertainment or assembly, in order to prevent
   obstruction, inconvenience, annoyance, risk, danger or
   damage to the residents or passengers in the vicinity;
   (iii) regulating the means of entrance and exit at places of
   public amusement or entertainment or assembly and                B
   providing for the maintenance of public safety and the
   prevention of disturbance thereat;
                           Clause (x)
   (x) (i) licensing or controlling with such exceptions as may
   be specified, the musical, dancing, mimetic, or theatrical       C
   or other performances for public amusement, including
   melas and tamashas;
   (ii) regulating in the interest of public order, decency or
   morality or in the interest of general public, the employment
   of artists, and the conduct of the artists and the audience at   D
   such performances;
   (iii) prior scrutiny of such performance by a Board appointed
   by the Government or by an Advisory Committee appointed
   by the Commissioner or the District Magistrate in this
   behalf;                                                          E
   (iv) regulating the hours during which and the places at
   which such performances may be given;”
                     Clause 2 of Order 2005
   2. Definitions:                                                  F
   b) ‘Cabaret’ means a form of dance performed in a place of
   public entertainment by dancers or artists or any other
   person as a part of musical entertainment;
   d) ‘Discotheque’ means a facility provided at a place of
   public entertainment to customers or patrons for singing         G
   or dancing of whatever form or both;
   j) ‘Live band’ means music, live or recorded, provided at a
   place of public entertainment, whether or not accompanied
   by any form of dancing including cabaret.
                                                                    H
554     SUPREME COURT REPORTS                     [2018] 1 S.C.R.


A                           Clause 3
      3. Obligation to obtain a Licence:- No person shall open
      or maintain a place of public entertainment like live band,
      cabaret, discotheque without obtaining a licence under the
      provisions of this Order from the Licensing Authority:
B       Providing that no such licence shall be necessary for
      places of public entertainment like refreshment room,
      eating house, coffee house, boarding house, lodging house,
      hotel, tavern or shop where wine, beer, spirit, arrack or
      any other kind of liquor, intoxicant or any kind of food or
C     drink is supplied to the public for consumption on the basis
      of a valid licence obtained under the relevant provisions
      applicable for establishing and maintaining such places of
      public entertainment and also supplying the
      abovementioned things or services and where live band,
      cabaret or discotheque or any other activity of a similar
D     nature is not performed:
        Provided further that no such licence shall also be
      necessary to conduct Yakshagana, bayalata (field drama),
      Bharathanatyam, Folk Art, music recital, vocal or
      instrumental like Veena, Mrudana etc.
E
                            Clause 4
      4. Application for Licence: (1) Every person applying for a
      licence to maintain a place of public entertainment shall
      make an application in form No.1 along with the documents
F     specified therein and his three recent photographs.
      (2) An application can be obtained from the Licensing
      Authority on payment of the specified fee under clause 18
      of this Order.
      (3) While submitting the application, the applicant shall
G     appear in person before the Designated Authority and satisfy
      him that all the required information and documents have
      been furnished along with the application.



H
KARNATAKA LIVE BAND RESTAURANTS ASSO. v. STATE                     555
   OF KARNATAKA [ABHAY MANOHAR SAPRE, J.]

                         Clause 5                                  A
   5. Inspection of the premises- The Licensing Authority or
   any officer not below the rank of Inspector of Police, as
   may be authorized by the Licensing Authority may for the
   purpose of granting licence, if necessary, hold an inspection
   of the site or premises. The Licensing Authority or the         B
   Officer so authorized may, if need be, seek assistance of
   any other authority or authorities during such inspection.
                         Clause 7
   7. Grant or refusal of Licence: (1) The Licensing Authority
   shall while deciding to grant or refuse a licence under this    C
   Order have regard to the following aspects, namely:
   (a) the interest of public in general;
   (b) the status and antecedents of the applicant;
   (c) availability of parking place commensurate with the         D
   seating capacity;
   (d) the possible adverse impact on law and order;
   (e) vicinity of the place to educational or religious
   institutions. For this purpose vicinity shall mean within a
   distance of 200(two hundred) metres;                            E

   (f) that the entertainment does not in any way incite
   religious feelings;
   (g) that the materials used for the structure do not pose
   any kind of fire hazard;                                        F
   (h) that the proposed entertainment does not promote
   public gambling or the premises shall not be used a gaming
   house or does not encourage prostitution or allow the use
   of narcotic substances or permit any other illegal activity;
   (i) that the licensee shall not organize or allow performance   G
   of shows which are immoral, obscene or indecent and ensure
   that there is no obscenity or indecency in dress, movement
   or gesture or that the performers indecently expose their
   person;
                                                                   H
556     SUPREME COURT REPORTS                     [2018] 1 S.C.R.


A     (j) the licensee shall not permit any obscene or
      objectionable posters or pictures to be exhibited;
      (k) that the proposed premises do not cause obstruction,
      inconvenience, annoyance, risk, danger or damage to the
      residents or to passerby of such premises;
B     (l) that all adequate precautions have been taken in the
      premises in respect of which the licence is to be granted to
      provide for the safety, convenience and comfort of the
      persons attending the programmes therein.
      (2) The Licensing Authority on being satisfied and subject
C     to the provisions of this Order, may grant a licence to the
      applicant in Form-II on such terms and conditions, and for
      such period subject to such restrictions as the Licensing
      Authority may determine. No licence shall be granted for
      a period exceeding one year. A licence can be renewed for
D     a period not exceeding one year at a time:
       Provided that where the Licensing Authority refused to
      grant licence, it shall do so for reasons to be recorded in
      writing and that order shall be communicated to the
      applicant:
E      Provided further that the licensee may conduct any show
      or public entertainment only between 10.00 hrs. and 23.30
      hrs. However, the licensing authority at his discretion may
      permit conducting of shows or public entertainment beyond
      23.30 hrs. on special occasions not exceeding three such
F     occasions in a year for each licence.
       Provided further that additional conditions may be
      imposed by the Licensing Authority during the period of
      Licence for reasons to be recorded in writing and
      communicate the same to the licensee.
G                           Clause 8
      8. Seating arrangements:-
      (1) The licensee shall not accommodate more than twenty
      persons per nine square meters in the place of public
      entertainment:
H
KARNATAKA LIVE BAND RESTAURANTS ASSO. v. STATE                      557
   OF KARNATAKA [ABHAY MANOHAR SAPRE, J.]

     Provided that the entrance, passage, corridor, gangway         A
   and stage shall be deducted for the purpose of calculating
   the seating accommodation.
   (2)      There shall be an open space of not less than five
   feet wide on any two sides of the premises where live band
   or discotheque is performed.                                     B
   (3)       There shall be at least one emergency exit in
   addition to the normal doorway fitted with doors which open
   outwards.
   (4)       There shall be openings sufficiently wide enough
   to ensure good ventilation or there shall be provision for       C
   sufficient good air condition.
   (5)    One W.C. and one urinal separate for men and
   women each for every fifty persons or less shall be provided.
   (6)      Any live band performance within the licensed           D
   premises for conducting live band shall be conducted on a
   stage which shall be properly demarcated from the seating
   area. There shall be no inter-mingling of performers with
   customers/guests on or off the stage. There shall be a
   distance of at least five feet between the stage and first
   row of seating area.                                             E
                          Clause 9
   9. Notice Board:- (1) Every licensee shall affix or cause
   to be affixed at some conspicuous place at the place of Public
   Entertainment a board of suitable size on which shall be
                                                                    F
   written in Kannada and English, the name and address of
   the licensee and the period of licence.
   (2) He shall also specify the seating capacity/maximum
   capacity of the premises conducting live band, Cabaret,
   Discotheque, as the case may be.
                                                                    G
   (3) He shall also exhibit at a prominent place in the premises
   a photo copy of the licence.
                         Clause 10
   10. Renewal of Licence:- (1) Every application for renewal
                                                                    H
558     SUPREME COURT REPORTS                       [2018] 1 S.C.R.


A     of the licence granted under this Order shall be made at
      least thirty days before the day on which such licence is to
      expire. The application shall be accompanied by the licence
      to be renewed and the amount of fee as specified in clause
      18.
B     (2) Where an application is made in accordance with sub-
      clause(1), the earlier licence shall be deemed to be in force
      till the renewal or refusal of such licence is communicated
      to the applicant.
      (3) Application for renewal of a licence, not made in
C     accordance with the provisions of this clause, shall be liable
      to be rejected by the licensing authority.
                            Clause 11
      11. Licence shall terminate with the transfer of business:-
      A licence granted under this Order for maintaining a place
D     of public entertainment shall not be transferable or
      assignable to any other person. Where such person
      transfers or assigns his business to any other person or
      enters into an agreement with another person, involving
      his giving up of the conduct or control over the business,
E     the licence granted to him shall stand terminated on and
      from the date of such transaction:
        Provided that in the case of death of the licensee, his heir
      or legal representatives may make an application within
      one month from the date of death to the Licensing Authority
F     seeking continuance of the licence for the un-expired term
      of the licence. No fee shall be charged for such continuance
      of licence.
                            Clause 12
      12. Prohibition of change of name:- A licensee shall not
G     make any change in the name of the establishment or use
      his premises or allow any other person to use the premises
      for the purpose of any other type of entertainment which
      he is not authorized under the licence.


H
KARNATAKA LIVE BAND RESTAURANTS ASSO. v. STATE                       559
   OF KARNATAKA [ABHAY MANOHAR SAPRE, J.]

                         Clause 13                                   A
   13. Power to stop music: Without prejudice to the
   conditions specified in the licence, the Licensing Authority
   may, by a general or special order made in this behalf, direct
   that no music shall be played or allowed to be played during
   such time as he may direct.                                       B
                         Clause 14
   14. Suspension of licence: If any person maintaining a place
   of public entertainment permits prostitution or permits
   persons to meet or remain in such place for the purpose of
   planning or carrying out an illegal actitity or violates any of   C
   the conditions of this order, the licensing authority shall
   have the discretion to suspend the licence for such period
   as he may think fit and direct such person to close the place
   for such period as he may specify. The person to whom
   such direction is issued by the licensing authority shall         D
   comply with such direction. However, the period of
   suspension shall not exceed 30 days at a time.
                         Clause 15
   15. Procedure for cancellation of Licence: No licence
   granted under this Order shall be cancelled until the holder      E
   of the licence has been given a reasonable opportunity of
   showing cause why his licence should not be cancelled.
                         Clause 16
   16. Inspection of Licensed Premises: Every person
                                                                     F
   maintaining a place of public entertainment shall, at all times
   allow free access to such place to the Licensing Authority
   or any police officer not below the rank of a Police Inspector
   having jurisdiction over the area or authorized by the
   Licensing Authority to hold inspection as deemed necessary
   to ensure and satisfy that the Licensee has complied with         G
   the provisions of this Order.
                         Clause 17
   17. Notice to the Licensing Authority: Every person shall,
   as soon as he voluntarily closes the place of public
                                                                     H
560               SUPREME COURT REPORTS                        [2018] 1 S.C.R.


A           entertainment in respect of which a licence has been granted
            under this Order, shall intimate such closure to the
            Licensing Authority.
                                     Clause 18
            18. Fee:- Licensing Fee for every licence per annum, shall
B           be as below:
            (i)        Fresh Licence             -       Rs.20,000/-
            (ii)       Renewal                   -       Rs.5,000/-
            (iii)      Application form fee               Rs.500/-”
C
           38. There are two Latin legal maxims, which need to be kept in
      mind while deciding the questions arising in this appeal. One is “Salus
      Populi Supremo Lex” which means the safety of the people is the
      supreme law and the other is “Salus republicae supremo lex” which
D     means safety of the State is the supreme law.
             39. In our considered view, it is the prime duty, rather statutory
      duty, of the Police personal/administration of every State to maintain
      and give precedence to the safety and the morality of the people and the
      State. Indeed, both are important and lie at the heart of the doctrine that
E     the welfare of an individual must yield to that of the community. The Act
      and the Order 2005 are enacted keeping in view the safety and the
      morality of the people at large.
             40. In our view, whenever the impugned action is challenged on
      the touchstone of Articles 14 and 19(1)(g) of the Constitution, we have
F     to keep in mind the well-settled principle of law laid down by this Court
      wherein this Court has examined lucidly and succinctly the scope and
      ambit of Articles 14 and 19(1)(g) .
            41. So far as Article 14 is concerned, it is useful to refer to the
      law laid down in two decisions of this Court reported in Budhan
G     Choudhry vs. State of Bihar, AIR 1955 SC 191 and Ram Krishna
      Dalmia & Ors. vs. S.R. Tendulkar & Ors. AIR 1958 SC 538.
            42. In the case of Budhan Choudhry (supra), the Constitution
      Bench of seven Judges of this Court explained the true meaning and
      scope of Article 14 as follows:
H
 KARNATAKA LIVE BAND RESTAURANTS ASSO. v. STATE                               561
    OF KARNATAKA [ABHAY MANOHAR SAPRE, J.]

       “5. … It is now well established that while Article 14 forbids         A
      class legislation, it does not forbid reasonable classification
      for the purposes of legislation. In order, however, to pass
      the test of permissible classification two conditions must
      be fulfilled, namely, (i) that the classification must be founded
      on an intelligible differentia which distinguishes persons
                                                                              B
      or things that are grouped together from others left out of
      the group, and (ii) that that differentia must have a rational
      relation to the object sought to be achieved by the statute
      in question. The classification may be founded on different
      bases; namely, geographical, or according to objects or
      occupations or the like. What is necessary is that there                C
      must be a nexus between the basis of classification and the
      object of the Act under consideration. It is also well
      established by the decisions of this Court that Article 14
      condemns discrimination not only by a substantive law but
      also by a law of procedure.”
                                                                              D
       43. In Ram Krishna Dalmia (supra), this Court reiterated the
principles which would help in testing the legislation on the touchstone of
Article 14 in the following words:
      “(a) that a law may be constitutional even though it relates
      to a single individual if, on account of some special                   E
      circumstances or reasons applicable to him and not
      applicable to others, that single individual may be treated
      as a class by himself;
      (b) that there is always a presumption in favour of the
      constitutionality of an enactment and the burden is upon                F
      him who attacks it to show that there has been a clear
      transgression of the constitutional principles;
      (c) that it must be presumed that the legislature understands
      and correctly appreciates the need of its own people, that
      its laws are directed to problems made manifest by                      G
      experience and that its discriminations are based on
      adequate grounds;
      (d) that the legislature is free to recognise degrees of harm
      and may confine its restrictions to those cases where the
      need is deemed to be the clearest;
                                                                              H
562            SUPREME COURT REPORTS                         [2018] 1 S.C.R.


A           (e) that in order to sustain the presumption of
            constitutionality the Court may take into consideration
            matters of common knowledge, matters of common report,
            the history of the times and may assume every state of facts
            which can be conceived existing at the time of legislation;
            and
B
            (f) that while good faith and knowledge of the existing
            conditions on the part of the legislature are to be presumed, if
            there is nothing on the face of the law or the surrounding
            circumstances brought to the notice of the court on which the
            classification may reasonably be regarded as based, the
C
            presumption of constitutionality cannot be carried to the extent
            of always holding that there must be some undisclosed and
            unknown reasons for subjecting certain individuals or
            corporations to hostile or discriminating legislation.”
                                                       (emphasis supplied)
D
            44. These principles were reiterated by this Court in Shashikant
      Laxman Kale & Anr. vs. Union of India & Anr. (1990) 4 SCC 366
      and in a recent decision of this Court in State of Maharashtra & Anr.
      vs. Indian Hotel & Restaurants Association & Ors. (2013) 8 SCC
      519.
E
             45. Similarly, so far as Article 19(1)(g) of the Constitution is
      concerned, this Article accords fundamental rights to carry on any
      profession, occupation, trade or business. However, the right guaranteed
      under clause (g) is made subject to imposition of appropriate reasonable
      restrictions by the State in the interest of general public under clause
F
      (6).
             46. As and when the question arises as to whether a particular
      restriction imposed by law under clause (6) is reasonable or not, such
      question is left for the Court to decide. The test of reasonableness is
      required to be viewed in the context of the issues, which faced the
G
      impugned legislature. In construction of such laws and while judging
      their validity, the Court has to approach the issue from the point of
      furthering the social interest, moral and material progress of the
      community as a whole. Likewise, while examining such question, the

H
 KARNATAKA LIVE BAND RESTAURANTS ASSO. v. STATE                                   563
    OF KARNATAKA [ABHAY MANOHAR SAPRE, J.]

Court cannot proceed on a general notion of what is reasonable in its             A
abstract form nor the Court can proceed to decide such question from
the point of view of the person on whom such restriction is imposed.
What is, therefore, required to be decided in such case is whether the
restrictions imposed are reasonable in the interest of general public or
not.
                                                                                  B
       47. This Court has laid down the test of reasonableness in the
case of State of Madras vs. VG Row, AIR 1952 SC 196 and very
succinctly said that it is important, in this context, to bear in mind that the
test of reasonableness, wherever prescribed, should be applied to each
individual statute impugned and no abstract standard or general pattern
                                                                                  C
of reasonableness can be laid down as applicable to all cases. The nature
of the right alleged to have been infringed, the underlying purpose of the
restrictions imposed, the extent and urgency of the evil sought to be
remedied thereby, the disproportion of the imposition, the prevailing
conditions at the time, should all enter into the judicial mind.
      48. This Court has further ruled that the expression “in the interest       D
of general public” occurring in clause (6) is an expression of wide import
which comprehends in it public order, public health, public security, morals,
economic welfare of the community and lastly objects mentioned in Part
IV of the Constitution. (See Municipal Corporation of the City of
Ahmedabad & Ors. vs. Jan Mohammed Usmanbhai & Anr., (1986)                        E
3 SCC 20 and Deepak Theatre, Dhuri vs. State of Punjab & Ors.,
1992 Supp(1) SCC 684).
       49. This Court has also ruled, as mentioned above, that the State
has a right to regulate running of any business by putting reasonable
restrictions under clause (6) in the interest of general public. It was held      F
in the case of Minerva Talkies, Bangalore & Ors. vs. State of
Karnataka & Ors. 1988 Supp. SCC 176 that the right to carry on the
business of exhibiting cinematograph films, which is governed by the
provisions of Karnataka Cinemas Regulation Act and the Rules framed
thereunder, is subjected to the rigor of reasonable restrictions and the
State Government has a power to limit/restrict the exhibiting number of           G
shows in the Talkies in a day. It was held that such provisions are
necessary to ensure public safety, health and other allied matters. It was
held that imposing such restriction is essentially regulatory in nature and
serves the purpose of the Act.
                                                                                  H
564             SUPREME COURT REPORTS                            [2018] 1 S.C.R.


A             50. After taking note of the general principle of law governing
      the field, which we have to keep in mind, we have to examine the question
      as to whether the Order 2005, impugned in the appeal, has created any
      discrimination or whether the Order 2005 is in any way unreasonable or
      arbitrary and lastly, whether it violates the appellant’s fundamental right
      guaranteed under Article 19 (1)(g).
B
             51. Having examined the questions in the light of aforementioned
      general principles of law, we are of the considered opinion that the Order
      2005 does not suffer from any legal infirmity and is therefore
      constitutional. This we say for more than one reason as detailed infra.
C            52. First, Section 31 is a valid piece of legislation. Its
      constitutionality is not questioned. Second, clauses (w) and (x) of Section
      31 empowers the Commissioner of Police to issue Order in respect of
      the matters specified therein. Third, it is in exercise of this statutory
      power, the Commissioner of Police, Bangalore has issued the Order
      2005 to regulate, control and supervise the activities specified in clause(w)
D     and (x). Fourth, in the light of these three reasons, no fault can be found
      so far as the source of power of the Commissioner of Police to issue the
      Order 2005 is concerned.
             53. Fifth, the Order 2005 has been issued to deal with three
      activities, which are covered by the expression “Public Entertainment”
E     as defined in Section 2(15) of the Act. In other words, the appellant’s
      business activity, viz., running of the restaurants and display of Live
      Band and two others fall under the expression “Public Entertainment”.
            54. Sixth, in the light of aforementioned reasonings, Cabaret,
      Discotheque or Live Band Music are rightly subjected to the rigor of
F     Order 2005. Indeed, the Order 2005 has been issued only with a view to
      control, regulate and supervise the three performances in the restaurants.
      Since these performances are displayed in a restaurant where public
      has an access and, therefore, in the larger public interest, these
      performances have to be controlled, regulated and supervised by imposing
G     reasonable restrictions in law under clause (6) of Article 19.
             55. Seventh, making it obligatory to obtain licence under Clause 3
      to display Cabaret, Discotheque or Live Band is a reasonable restriction
      on the appellant’s fundamental right to carry on the business of running
      the restaurants.
H
 KARNATAKA LIVE BAND RESTAURANTS ASSO. v. STATE                                565
    OF KARNATAKA [ABHAY MANOHAR SAPRE, J.]

       56. Indeed, controlling of any business by asking its owner to          A
obtain licence to do such business is held to be a reasonable restriction
on citizen’s fundamental right under article 19(1)(g) read with clause (6)
and we do not find any illegality in such regulation.
       57. Eighth, conditions specified in Sub-clauses (a) to (l) of Clause
7, Clause 8 and Clause 9 of the Order 2005 are well conceived conditions       B
in public interest. These conditions ensure the safety and the welfare of
the general Public who regularly visits such restaurants to take food and
witness the live performances of the artists in the restaurants.
       58. Indeed, if these safety measures are not adhered to by the
owners of the restaurants while running their restaurants, the general         C
public would always have a risk of subjecting themselves to the happening
of any untoward incident endangering their life and safety.
      59. At this stage, it is also necessary to take note of various
compliances, which are required to be made by the Licensee to run their
restaurants.                                                                   D
       60. Sub-clause (a) of Clause 7 deals with the interest of public in
general. Clause (b) deals with the status and antecedents of the applicant
who applies for running the restaurant. Clause (c) deals with availability
of parking place commensurate with the seating capacity. Clause (d)
deals with possible adverse impact on law and order. Clause (e) deals          E
with vicinity of the place (restaurants) to educational or religious
institutions, i.e., 200 meters. Clause (f) provides that entertainment
displayed should not in any way incite religious feelings of any particular
community. Clause (g) provides that the material used for the structure
in running the restaurants should not pose any kind of fire hazard. Clause
(h) provides that the proposed entertainment should not promote public         F
gambling nor the premises be used as a gaming house nor any attempt
be made to encourage a prostitution nor the premises be allowed to be
used for sale or consumption of narcotic substance nor the licensee is
permitted to carry on any kind of illegal activities in the premises. Clause
(i) provides that licensee shall not organize or allow performance of          G
shows which are immoral, obscene or indecent and will ensure that there
is no obscenity or indecency in dress, movement or gesture or/and the
performers does not indulge in any kind of indecency and in exposing
their person. Clause (j) provides that licensee shall not permit any obscene

                                                                               H
566             SUPREME COURT REPORTS                            [2018] 1 S.C.R.


A     or objectionable posters or pictures to be exhibited in the premises. Clause
      (k) provides that the proposed premises do not cause obstruction,
      inconvenience, annoyance, risk, danger or damage to the residents or to
      passers by of such premises and lastly clause (l) provides that it must be
      ensured that all the aforementioned precautions have been taken in the
      premises in respect of which licence is to be granted to provide for the
B
      safety, to avoid any inconvenience likely to cause to public and to ensure
      full comfort to the persons attending the programs displayed in the
      restaurants.
              61. So far as Clause 8 is concerned, it is important as it deals with
      seating arrangements in the restaurants. It sets out six parameters in
C     sub-clauses (1) to (6) to control the sitting arrangements in the restaurants.
      It also provides that every restaurant shall have at least one emergency
      exit in addition to normal doorway fitted with doors which open outward
      in the event of occurrence of any fire hazard. Similarly, Clause 9 provides
      that how the Notice Board would be displayed and what will be its
D     contents.
             62. In our considered opinion, the conditions specified in Clauses
      7, 8 & 9 directly deal with the public safety, comforts, convenience,
      morality and law and order and we have not been able to find any kind
      of unreasonableness or arbitrariness in any of the abovementioned clauses
E     so as to hold that they are unworkable for running the restaurant and to
      display the three performances.
           63. In our view, those who find themselves unable to ensure
      compliances of these conditions or feel that it is not possible for them to
      comply, may not display the performances in their restaurants.
F            64. As held above, the public interest, the welfare and the safety
      of general public always override the right of an individual. There is no
      prohibition for any individual to carry on such business. However, if he
      wishes to carry on such business, he has to follow the norms and the
      statutory regulation framed for carrying on the business. He cannot be
G     heard to say that he will carry on the business but without ensuring the
      norms and the regulations framed for the purpose.
            65. In our opinion, here comes the application of the two maxims
      quoted supra while determining the rights of an individual qua public and
      the State.
H
 KARNATAKA LIVE BAND RESTAURANTS ASSO. v. STATE                                  567
    OF KARNATAKA [ABHAY MANOHAR SAPRE, J.]

      66. Indeed, we can take judicial notice of an incident occurred in         A
recent past in a restaurant in Mumbai where life of several innocent
people sitting in the restaurants were lost due to lapses in ensuring
compliance of safety measures. Yet another incident of the similar nature
occurred few years before in Upahar Theater in Delhi where several
innocent people lost their life due to non-observance of safety measures.
                                                                                 B
       67. When such incidents occur, they never obliterate from the
memories of the citizen and leave a message to all the stakeholders that
steps for strict compliance must be taken to avoid any such recurrence
in future at any place. We hope that all the stakeholders will keep our
observations in mind.
                                                                                 C
       68. Ninth, all the measures set out in Clauses 7, 8 and 9 need to be
complied with in letter and spirit by every restaurant owner before
obtaining the licence and that they must continue to observe its
compliances during currency of the licence on regular basis for the benefit,
safety and the welfare of the customers and the residents of the area.
                                                                                 D
       69. Tenth, the Order 2005 has rightly provided a check on the
powers of the licensing authority in granting or refusing the licence in as
much as the licensing authority is now required to give reasons for
rejecting the licence.
       70. Such rejection can always be made subject matter of challenge         E
in the Court of law by an aggrieved. A provision of this nature eliminates
any kind of arbitrariness on the part of licensing authority while considering
the grant or rejection of the licence under Order 2005.
       71. This takes us to examine another question as to whether any
case of arbitrariness or/and discrimination in issuing Order 2005 as urged       F
by the appellant is made out.
       72. We are, however, unable to find any case of arbitrariness or
discrimination having been made out by the appellant so as to attract the
rigor of Article 14 of the Constitution.
       73. Indeed, the Order 2005 does not create any discrimination             G
between the two alike. The restaurants which are engaged in displaying
the three performances specified in Clause 2 (b), (d) and (j) of the Order
2005 are under legal obligation to take licence under Clause 3.


                                                                                 H
568             SUPREME COURT REPORTS                            [2018] 1 S.C.R.


A            74. Learned counsel for the appellant, however, pointed out the
      proviso to Clause 3 that it is this proviso which creates a discrimination
      inasmuch as there does not appear to be any justifiable reason to exclude
      those restaurants from obtaining the licence which are conducting
      Yakshagana, Bayalata (field drama) or Bharat Natyam, folk Art, Music
      recital, vocal or instrumental like Veena or Mrudana etc.
B
              75. We do not find any merit in this submission though look attractive
      at its first blush. First, it is for the Police Commissioner to decide in its
      discretion having regard to the totality of entire fact situation as to what
      should be brought within the ambit of the Order 2005 and what should
      be left out from its clutches. Second, there appears reasonable distinction
C     between the two performances because as rightly urged by the
      respondent, the performances specified in the proviso, are not usually
      performed in restaurants but are performed in theaters or/and auditoriums
      as one time performance by the artists whereas the three performing
      items namely - Cabaret, Discotheque and Live Band Music are the
D     activities which are regularly performed and attract more crowd and
      lastly the items specified in proviso even if performed in restaurants
      does not involve any kind of indecency or obscenity whereas other three
      performances may unless controlled. In our view, proviso seems more
      clarificatory in nature.
E           76. In any case, in our view, if the Commissioner finds that the
      performances specified in proviso may also be brought within the ambit
      of the Order 2005 then he is always at liberty to include any such
      performance in Clause 3.
             77. We have perused the decisions cited by the learned counsel
F     for the appellant mentioned above. In our opinion, there can be no
      dispute with the law laid down in these cases. They are, however,
      distinguishable from the facts contained therein as compared to the facts
      of the case at hand.
             78. In the light of the foregoing discussion, we are of the considered
G     view that the Order 2005 does not suffer from any arbitrariness or
      unreasonableness and nor it infringes the fundamental right of the
      appellant guaranteed under Article 19 (1)(g) of the Constitution of India.
      In other words, in our considered view, both the Courts below were
      justified in upholding the Order 2005 as being constitutional and legal.

H
 KARNATAKA LIVE BAND RESTAURANTS ASSO. v. STATE                               569
    OF KARNATAKA [ABHAY MANOHAR SAPRE, J.]

       79. Now we uphold the Order 2005, we consider it apposite to           A
direct the respondent-Police Commissioner, Bengaluru to verify and
ensure strict compliance of the licence conditions, including all the
conditions of the Order 2005 in relation to all the Licensees in whose
favour, the licences have been issued so far.
       80. The Commissioner will further verify and ensure that those         B
restaurant owners who have not obtained licences so far and yet running
their restaurant without holding the licence, such restaurant owners be
granted some reasonable time to apply for obtaining the licence after
ensuring compliances as provided in the Order 2005, which alone will
enable them to run their restaurants in conformity with the requirements
of the Order 2005.                                                            C

       81. Failure to obtain the licence after granting a reasonable time
to the restaurant owners would result in closure of their restaurants
after giving them notice of the closure.
       82. Before parting, we consider it opposite to take note of one        D
fact that though clause 7 (K) of the Order 2005 rightly provides in general
to ensure that the proposed premises do not cause any obstruction,
inconvenience, annoyance, risk, danger or damage to the residents or to
passerby of such premises, but what we find is that there is no specific
clause/condition dealing with control of noise pollution which is likely to
create or rather bound to create due to regular display and performance       E
of the three activities in the restaurants thereby causing disturbance,
annoyance and inconvenience to the near residents of the nearby area.
The Commissioner shall ensure that no noise pollution is caused to
residents of the nearby area due to any of the three performances in any
restaurant and that remedial steps are taken in that behalf.                  F
       83. Similarly, with a view to avert any untoward incident due to
breaking of fire may be for any reasons in the licensed premises,
appropriate specific safety measures must be carried out under the
guidance of team of experts. These steps are in public interest and it
should be given precedence by the Commissioner of Police not only at          G
the time of granting of license but also by doing regular inspection of the
licensed premises without any lapse on his part.
      84. We hope the Commissioner will take into consideration these
observations.
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570            SUPREME COURT REPORTS                         [2018] 1 S.C.R.


A            85. In view of foregoing discussion and subject to aforementioned
      directions, the appeal fails and is accordingly dismissed.


      Divya Pandey                                              Appeal dismissed.

B




C




D




E




F




G




H