A bench of Justices G S Singhvi and A K Ganguly directed the Karnataka government to “file amendment application in affidavit”.
Karnataka government advocate Sanjay Hegde submitted that the state government promulgated the latest order on March 11 directing the eateries, hotels, restaurants and all places of public entertainment to close at midnight in Bangalore.
The Bruhat Bengalooru Hotels Association had challenged a Karnataka High Court order that upheld Bangalore Commissioner of Police’s direction to the restaurants and others to close at 12 midnight till morning 6 o’clock.
Senior advocate Nageswar Rao appearing for association said the police commissioner did not have powers under the provisions of the Karnataka Police Act, 1963, to fix the hours of the opening and closing of eateries, restaurants and hotels.The opening and closing of such places are fixed by the state government under a special enactment—the Karnataka Shops and Commercial Establishments Act 1961—said the application filed by advocate Senthil Jagadeesan.
The Commissioner of Police, Bangalore, on May 19, 2009, issued an order for the closure of all places of public entertainment between midnight and 6 o’ clock in the morning everyday, said the application.
Due to the closure of such establishments, the livelihood of several employees working in hotels beyond midnight had been affected. “It is relevant to point out that these hotels only serve food and do not serve alcohol or indulge in any other activities such as live bands, discotheques, cabaret or video parlours,” said the application.