lakhs of Mumbaikars, especially the night revelers, literally jumped with joy on the New Year eve on Tuesday, as the Bombay High Court struck down an order of the city for closure of eateries, bars and restaurants at 1.30 am, and allowed these establishments to remain open for the celebrations till 5 am.
The move by the police to enforce the somewhat rigid 1.30 am closure deadline for bars and restaurants in Mumbai that is known as a “city that never sleeps”, came to a naught, as Justice Gautam Patel annulled the police order terming it as “illogical”.
The high court’s ruling opened the floodgates for revelers to party all night in their effort to usher in 2014 with gay abandon.
Dismissing “threat perception, security concerns and safety of women” cited as grounds by the city police for its 1.30 am closure deadline order, Justice Patel said: “Threat perception to the city will be there all the time. Not just on December 31.” Justice Patel’s observations came in after Public Prosecutor DA Nalawade argued that metropolis could face possible terror attacks in view of recent escape of seven alleged terrorists from a Madhya Pradesh jail and in the light of warnings of possible attacks issued by Indian Mujahideen’s key operative Yasin Bhatkal.
Dismissing the Prosecution’s argument about women’s safety, the court said: “The Shakti Mills gang-rape incident did not happen on December 31. It happened on a normal day. If the police take adequate precautions, such incidents would not take place.”
Through a directive issued on December 19, the State Home Ministry had allowed the eateries and drinking joints to remain open till 5 am on the intervening night of December 31, 2013 and January 1, 2013. However, the Mumbai police vetoed the State Government directive and imposed a 1.30 am deadline. Mumbai Police Commissioner Satyapal Singh had justified the revised 1.30 am closure deadline as it would help curb incidents of sexual violence against women, drunk-driving, possible terror attacks and reduce pressure on the already overworked and overburdened police force.
Peeved with 1.30 am closure deadline diktat issued by the city police, the Association of Hotels and Restaurants (AHAR) had challenged the police order and urged the court to extend closure deadline till 5 am.
AHAR’s counsel Veena Thadani told the court that the Home Department had in a directive issued on December 31 allowed the bars and restaurants to remain open till 5 am. “If the Home department under which the police force comes has no problem with the celebrations going on till 5 am, then why are the police setting the deadline of 1.30 amIJ This is without logic,” Justice Patel said.
The petition had also alleged discrimination between bars and restaurants and five star establishments which were allowed to be open by the police till 3 am. “Are only the rich allowed to party and celebrateIJ Why is this discriminationIJ,” Thadani asked.
later, welcoming the high court’s order extending the closure deadline till 5 am, AHAR President Arvind Shetty said: “we are very happy that the high court has extended the closure deadline till 5 am. The onus of the security inside our premises is anyways ours. It is a wonderful decision”.
Shiv Sena’s youth wing chief Aditya Thackeray welcomed the decision on twitter. “The point is curtailing legal celebrations will only give rise to hidden ones that might not be in the best spirit of the society,” Thackeray wrote.
Aditya, 23-year-old son of Uddhav Thackeray, had earlier opposed the 1.30 am deadline set by the police. Thackeray had earlier this year even come up with a proposal to throw open the eateries in Mumbai 24x7 to ensure that people in the financial capital have access to food through the night.
Meanwhile, Maharashtra Home Minister RR Patil said the Mumbai police had deployed 50,000 policemen for the New Year’s Eve to ensure against any untoward incidents during the New Year celebrations.