Mumbai: Maharashtra Chief Minister Devendra Fadnavis on Tuesday said he was surprised by the Supreme Court directive to his state government to give licences to eight dance bars within two days.
"I am surprised by the Supreme Court directive. Since the state has repealed the old act, now permission can only be given under new act. If the hotels or restaurants which have asked for licence do not comply with the conditions of the act would it be legal to grant them licence," he told reporters.
"The court order fails to appreciate the legislative competence of the state legislature which has unanimously enacted a law. If somebody complies with all the conditions under this law, state will issue the licence but how can state act against the provisions of law which it has enacted," Mr Fadnavis asked.
"If the state in any eventuality acts contrary to the law to deny the licence, the aggrieved person is at liberty to approach the high court," the Chief Minister added.
"The state government will once again put this view in front of honourable Supreme Court," he said.
The top court on Wednesday directed Maharashtra government to grant licences to eight dance bars within two days and asked them to give an undertaking that they would not engage employees with criminal antecedents near the dance area.
"It is directed that an undertaking shall be given by appellants who have filed application that they shall not engage employees in the bar and dance area whose names have been mentioned in the affidavit given by the state."
"The undertaking shall be issued by tomorrow and the licences shall be issued by day after tomorrow," a bench comprising justices Dipak Misra and Shiva Kirti Singh said.
"I am surprised by the Supreme Court directive. Since the state has repealed the old act, now permission can only be given under new act. If the hotels or restaurants which have asked for licence do not comply with the conditions of the act would it be legal to grant them licence," he told reporters.
"The court order fails to appreciate the legislative competence of the state legislature which has unanimously enacted a law. If somebody complies with all the conditions under this law, state will issue the licence but how can state act against the provisions of law which it has enacted," Mr Fadnavis asked.
"The state government will once again put this view in front of honourable Supreme Court," he said.
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"It is directed that an undertaking shall be given by appellants who have filed application that they shall not engage employees in the bar and dance area whose names have been mentioned in the affidavit given by the state."
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