The Kerala High Court on Tuesday held that the Police cannot impose restrictions on the timings of DJ parties conducted by establishments with appropriate liquor licences (FL-3 permits) that allow their operation during extended hours [Mahadevan v State of Kerala & ors].

Justice Murali Purushothaman opined that the mere possibility of criminal activities is no ground to impose restrictions on the operation of such facilities.

"Mere possibility of criminal activities cannot, by itself, constitute sufficient justification for imposing restrictions under the Kerala Police Act on the extended operating hours of FL3 hotels permitted under the Foreign Liquor Amendment Rules," the Court said.

The Court held that while the Police have a responsibility to curb crime, it cannot restrict the activities of licenced bars by merely citing suspicions of criminal activities like drug use at such premises, unless rules restricting such bar timings are put in place by the State.

"If the police have reason to believe that criminal activities are taking place under the guise of DJ parties in hotels, it is the responsibility of the police to take stringent action in accordance with law to curb the same...Until the government frames appropriate rules prescribing exception to the extended hours of operation permitted in the Foreign Liquor Rules, the police cannot curtail or restrict the operating hours of the hotel contrary to the provisions granted under those Rules in the absence of special grounds justifying such restrictions," the Court held.

The judgment was passed on a petition filed by Radisson Blu Hotel at Kadavanthra. The plea challenged police restrictions on conducting late-night DJ programmes despite the Excise Department permitting the hotel's bar to function till 3 AM.

The plea sought to quash notices issued by Police authorities imposing restrictions on the timing of DJ events.

The hotel contended that the extension granted by the excise department permits the establishment to continue its business activities during the extended hours.

The police in response defended the cut-off, submitting that it was necessary in view of a rapid growth in late night commercial entertainment accompanied by an alarming rise in drug related crimes and sexual offences.

An affidavit filed by the police commissioner stated that what started with only 3 venues with late night permits had now grown to over 34 establishments, with organisers charging entry fees ranging from rupees ₹1,500 to ₹6,000 per person and collecting up to ₹20,000 for table reservations for such events

"This rapid and uncontrolled growth is creating a risky situation and causing difficulties in maintaining public safety and law arid order," the commissioner added.

It was also submitted that several criminal cases have been registered in connection with such events for offences relating to unlawful assembly, narcotic drugs, crime against women and other law and order violations.

The affidavit referred to several incidents at the Radisson Blu itself including a case of a violent clash, an NDPS case in which 8 persons were arrested during an party for possession ganja MDMA and cocaine, and another case relating to rioting and damage to the hotel property during a DJ event.

The commissioner argued that an FL-3 license issued under the excise laws authorised the service of liquor and meals and not unrestricted right to organise high decibel DJ events or large public gatherings.

He further stated that the extension of bar timings could not override the statutory powers of the police under the Kerala Police Act, 2011, to regulate activities affecting public order.

The Commissioner clarified that the notices issued by the Police only bar DJ programmes and related events beyond 11 PM, not the serving of alcohol which is still permitted until 3 AM.

The High Court today allowed the hotel's petition and set aside the notices issued to it.

Detailed judgment awaited.

Radisson Blu Hotel was represented by advocates S Rajeev, Anand Kalyanakrishnan, C Dheeraj Rajan, V Vinay, MS Aneer and Libin Varghese.

Additional Advocate General PA Mohammed Shah appeared for the State.