Kochi: The Kerala High Court has quashed a police notice issued to hotels and bars in Kochi demanding regulation of DJ parties. The court clarified that the police do not have the authority to impose restrictions on establishments operating legally, based on a general concern that crimes including drug use and trafficking might occur under the cover of DJ parties. The court further observed that there can be no unnecessary interference with the operational freedom of hotels and bars that comply with legal licensing provisions. Hotels and bars holding FL-3 licenses are permitted to operate until 3 AM under existing licensing regulations. The court emphasized that owners have the right to run their establishments within the government-approved time frames and organize lawful entertainment programs. The police cannot reduce operating hours or ban events solely on the ground that DJ parties are being held. This decision comes on a petition filed by hotel owners challenging the police notice seeking regulation of DJ parties at Kochi hotels and bars. The court held that merely citing the possibility of crimes cannot justify obstructing the activities of legally functioning establishments that comply with prevailing laws and license conditions. The police had contended that widespread drug use and trafficking take place behind the scenes of DJ parties organized in various hotels and bars across Kochi. They argued before the court that such parties, which begin at night and extend till dawn, create an environment conducive to drug abuse and other unlawful activities. Furthermore, the police maintained that drug use and distribution, along with related law and order problems and other crimes, occur frequently in these contexts. According to the police, imposing restrictions on the duration of DJ parties is essential to control such activities and ensure public safety. However, the High Court ruled that the police cannot impose restrictions on legally operating establishments solely on the basis of potential criminal activity or general security concerns. The police retain the authority under existing laws to take action if drug use, trafficking, or other illegal activities are proven in any establishment. Nonetheless, the court observed that imposing blanket restrictions on the functioning of all institutions in the name of preventing crimes is impermissible. The court acknowledged the police’s legal duty to prevent crimes and maintain law and order but stated that such responsibility must be exercised while respecting the existing legal framework and the rights granted to establishments. The court noted that if drug use or other criminal activities linked to DJ parties are detected, the police may initiate appropriate legal proceedings against the individuals involved and the establishments violating the law. It is not appropriate, the court said, to restrict the operating hours of licensed establishments instead of relying on lawful measures to combat offenses. The court drew a clear distinction between the police’s authority to act against legal violations and the rights of licensed businesses to operate. It underscored that any restrictions imposed in the name of public safety require unequivocal legal backing. The High Court explicitly stated that licensed establishments permitted to operate until 3 AM cannot have their hours curtailed merely by a police notice. If the government deems it necessary to regulate operational timings, it must introduce relevant legislative or regulatory measures. Only after such laws or rules come into effect may authorities implement restrictions. The court made it clear that police cannot independently impose limitations that are not provided for under current law. The ruling reiterated that the police have no authority to override government-prescribed licensing conditions. By accepting the petition filed by hotel owners against the police notice, the High Court asserted that general concerns cannot be used to hamper the operations of licensed entities. At the same time, the judgment does not preclude police action against illegal activities linked to DJ parties. Strong legal measures remain available to the police to address drug use, sale, or trafficking. This landmark ruling provides decisive legal clarity concerning the dispute over the operation timings of DJ parties at hotels and bars in Kochi. It affirms that police powers to ensure public safety must be exercised within legal boundaries, and that regulating the functioning of licensed establishments requires clear statutory authority.
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Original Malayalam report: Malayalam Daily News
