‘Indecent activities’: HC lauds police for action against hotel

Appu Shetty,the owner of Sona Hotel in Goregaon (West) had moved the High Court challenging the order of the Deputy Commissioner of Police (DCP) HQ,passed on November 16,2011,permanently cancelling the license issued to the hotel.

The police had first issued a showcause notice to Shetty on February 2,2010 alleging that the waitresses employed in the hotel were indulging in “vulgar” and “indecent” behaviour towards their customers. The DCP’s order was confirmed by the state government.

Earlier,not interfering with the police’s decision,a single judge of the High Court had found no fault in it. It was then that Shetty appealed before a division Bench of the court.

Justice Majmudar and Justice Anoop Mohta also observed that in other cases,the court had permitted waitresses to work late in such hotels,but if any conditions of employment were violated,the court would encourage the police to take strict action against such hotels.

“If waitresses are exploited by the employer; if it is found that they are forced to exhibit indecently or vulgarly,then the DCP is justified in passing such an order,” the court said.

Shetty’s lawyer Bobby Malhotra argued that the police could have permanently cancelled the licence if he was convicted for such an offence.

“That is the unfortunate part of our system. There is no conviction,” Justice Majmudar said. He,however,added that in the absence of a conviction,the police’s power to take action against errant hotel-owners would not be restrained.

“There is vulgar exhibition of body….where are we going? The society will suffer. People,especially young people,will be tempted to go to such places,” Justice Majmudar said. He added that this was “a matter of great danger” and it would be in the larger interest of the society that such places are closed down by the police.

Dismissing Shetty’s petition,the court said the police must conduct surprise checks. “Let us start gradually,” Justice Majmudar said.

Malhotra said her client is 70-years old and that he and his 50 employees would be deprived of their livelihood if the license was permanently cancelled. “You can do some other business….there are so many temples in Mumbai,you can work there,” the court said.