The HC made the observation while hearing a tranche of petitions by restaurateurs complaining that business was being hit as two constables had been posted on the premises daily from 1pm to 1.30am since December 2013 as they employ licensed waitresses/ women singers.
A division bench of Justices Naresh Patil and Anuja Prabhudessai stayed the posting of constables in the establishments, but clarified that police were entitled to take steps to monitor the restaurants and ensure they adhered to rules. "How long will you supervise? What we find is that the administration feels that unless we physically post (cops), we cannot control," said Justice Patil, reminding that the laws give the state enough power to regulate activities of restaurants.
Most bars and restaurants employ waiters and waitresses with valid licences to serve food and liquor. Waitresses are permitted to work till 9.30pm and up to four women singers are allowed till 1.30am, and the cops are ostensibly there to ensure order and that these conditions are not violated.
"It has been three months. It may further go on for three years. Imagine they (constables) are wasted for months,'' added Justice Patil, pointing out that even paramilitary forces are withdrawn no sooner a purpose is over. He also highlighted the fact that the city police force is short-staffed.
Earlier, admitting the petitions, the judges said "prima facie a strong case is made out" that these restrictions violate the fundamental right to equality and to carry out a profession. They found "substance" in the submission by the petitioners' advocates Veena Thadani and Vishal Thadani against the police stand that wherever waitresses are employed, there is a likelihood of lewd and immoral behaviour and, therefore, the need to deploy constables. "Such an approach is not only disrespectful to womanhood but exhibits the mindset of authorities towards women who are serving liquor in restaurants," the Thadanis said.
The police have restricted employment to five authorized waitresses in each establishment and file false cases, including for obscenity, if more are hired. Existing laws do not empower the police to place such restrictions, they argued, and said additional curbs can be imposed only by framing legislation.
Public prosecutor Sandeep Shinde said the constables are posted as a "preventive measure in public interest" and the deployment helps owners conduct business in a peaceful manner. The Bombay Police Act allows free access to police to enter a restaurant at any time, he added.
The police enjoy free access, the court said, but "the question is after entering you remain there". "The difficulty is there is entry, but no exit," said Justice Patil. The continuous posting of cops "may be seen a sign of weakness", the judges added.
Concluding the hearing, they recorded Shinde's statement that there will be no restriction on the number of authorized waitresses that can be employed.
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