KOCHI: The Kerala High Court on Friday held that police sub-inspectors do not have the power to order closure of hotels after 11 pm citing the menace of antisocial activity. The court issued the order while considering a petition filed by R Ravikumar, owner of Sree Bhadra Hotel, challenging an order by the Sakthikulangara SI to close the hotel at night.
The petitioner argued that he had been operating the hotel with the necessary licence and certificate. According to the petitioner, the police official issued the order citing traffic congestion and increasing anti-social activities in the area.
The SI, meanwhile, submitted that shops and retail outlets at Sakthikulangara, Kavanadu and the nearby areas were directed not to function between 11 pm and 4 am, following complaints of theft. Recently, burglars had targeted some textile shops and bakeries. The petitioner submitted that no government agency, including the Food Safety and Standards Authority of India, had imposed any restriction on operating at night.
Observing that the petitioner did not commit any offence and no crime was registered against him, the court stated, “anti-social activities by a few individual cannot be a ground to direct a hotel to close down after 11 pm. If anyone commits offence, it is up to the police to investigate, and to take measures to avert such incidents in future. The SI issued the order in violation of the principles of natural justice.”
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