BANGALORE: The High Court on Monday upheld the city Police Commissioner’s order fixing midnight closure deadlines to restaurants in the city.
While disposing a writ appeal filed by the Empire Group of Hotels, a division bench comprising Justice V Gopala Gowda and Justice BV Nagaratna upheld the Constitutional validity of the police commissioner’s order issued on May 19, 2005.
“The Commissioner has the jurisdiction to pass such orders and it does not violate the fundamental rights of the appellants,” the bench observed.
However, while issuing the order on midnight closure deadline, prior publication under section 31 (2) and (6) of the Karnataka Police Act, 1963, is mandatory, the court observed.
The police commissioner has to re-issue the notification after following the procedure contemplated under the Karnataka Police Act, the court said. However, it declined to keep in abeyance the May 19, 2009 order of the commissioner.
Till the re-issue of the notification, the present notification is in force, the court said. It is open for the appellants to seek permission from the police commissioner to run their restaurants beyond the midnight deadline, the court observed.
The Empire Group of Hotels had challenged the single bench order dated August 8, 2009. The appellants had argued that the police commissioner had no powers to pass the order. The counsel argued that as restaurants are being regulated under Shops and Establishments Act they do not come under Police Act and hence only the home department has the powers to pass such orders.
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