What action have you taken? asks Delhi HC to police, Excise dept on illegal bars, restaurants & clubs
The bench of Chief Justice DK Upadhyaya and Justice Tushar Gedela was hearing a public interest litigation (PIL) filed by Mahtab Khan, a Delhi resident.
In the petition, Khan submitted that at least 21 such establishments were operating in violation of the licence conditions. Violations included operating and selling alcohol past the permitted hours, clubs operating out of fake hotels, a lack of ample security and safety measures, serving alcohol without adhering to age-limit restrictions, among others.
Upon an oral inquiry from the court on the action taken, the Excise department informed the bench that it has already imposed penalties on 14 of the 21 establishments listed in the petition. The court went on to direct the authorities to file responses on the action they have taken against such violations so far.
Khan, through his advocate Sitab Ali Chaudhary, highlighted before the bench that the operations of these establishments are causing a loss to the state exchequer due to violation of licensing regulations under the Excise Act.
'These establishments are operating clandestinely with the apparent assistance and complicity of officers from both the Delhi Police and the Excise department,' the PIL alleged. It also flagged that several establishments were operating until 7 am, defying the order that prevents pubs, and bars from serving alcohol past 1 am.
In his PIL, Khan argued that only establishments with L-16 licence can operate for 24 hours. He underlined that the mandatory prerequisite for issuing an L-16 licence is that such an establishment must be located within the premises of a 5-star hotel or a hotel of a higher category.
Khan, in his petition, has listed 21 such establishments where he or his associates visited and found various violations, including some being located in places where fire tenders could not enter in the absence of a proper approach road. The PIL argued that it puts people's lives at risk.
The court has posted the matter for further consideration on August 27.
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