Dance Bar ban permissible on sociological grounds argues Harish Salve for Maharashtra govt

In a major surprise today, Senior Advocate Harish Salve appeared for Maharashtra government in the challenge to the provisions of Maharashtra Police (Second Amendment) Act. Additional Solicitor General Pinky Anand is also representing Maharashtra government along with Salve..The Act prohibits dance performances in bars and hotels..A Division Bench of Justice Dipak Misra PC Pant adjourned the matter to February 16 allowing the State to file another affidavit in he matter, with the stay on the impugned provisions to continue..Senior Advocates Kapil Sibal and Jayant Bhushan appeared for the Indian Hotel and Restaurant Association..When the matter was taken up today Salve said that he will prove to court that there are sociological grounds which validate the ban..“Why should we think that there is somehing wrong in dancing and that it is an evil which has to be eradicated“, asked Justice Dipak Misra..“What I will show to the court is that the legislation is within the permissible limits and that the ban is permissible on sociological grounds“, said Salve..When he was asked about the earlier provision which was struck down by the Supreme Court, Salve replied that it was not new for Legislature to legislate again..“There is no res judicata when laws are struck down. Parliament amended Part III, Court said “no”. The government. came back again and Court overturned its previous decision“, said Salve..“Now this is veering into Golaknath and Keshavananda. We are not going into all of that“, said Misra J..Salve then submitted that the affidavit submitted today by the State was not satisfactory and sought time to file another affidavit. The Court allowed the same while making it clear that the stay on impugned provisions will continue..The Court has also asked the government agencies to comply with its earlier order and issue licenses to the hotels and bars who have applied for the same..The case will now be heard on February 16, 2016.