New Delhi: The Supreme Court on Friday permitted live band in restaurants in Bangalore subject to certain conditions that they should not encourage prostitution or allow shows that are immoral, obscene or indecent.

A Bench of Justice Ruma Pal and Justice A.R. Lakshmanan passed this order while disposing of special leave petitions filed by Karnataka Live Band Restaurants Association, Night Lover Bar and Restaurant and others challenging a Karnataka High Court order rejecting their plea to allow live band shows.

The Bench said: "We are of the view that the High Court should have permitted live band to continue keeping in view the interest of the members of the association for ensuring their livelihood." At the same time, the Bench said it could not overlook some requirements of infrastructure to be fulfilled by the members of the association. The Bench said the appellants had no objection if certain conditions were imposed while allowing live band shows.

The Bench said that live band shows will be permitted subject to three conditions; the shows should not promote public gambling, the premises should not be used as a gambling house and the shows should not encourage prostitution or allow the use of narcotic substances or permit any other illegal activity; the licensee should not allow shows which are immoral, obscene or indecent and ensure that there is no obscenity or indecency of dress, movement of gesture or that performers indecently expose their person.

The licensee should not permit any obscene or objectionable posters or pictures to be exhibited.

The Bench made it clear that its order will be in force until the Commissioner of Police, Bangalore, framed appropriate rules in accordance with the observations made by the single judge of the High Court and affirmed by the Division Bench and requisite licences were granted. Appearing for the appellants, counsel Mukul Rohatgi and others said there is no justification for the Commissioner to impose such a ban as it was a question of livelihood of the artistes.

Counsel for the State, Sanjay Hegde, submitted that the ban on playing of live band since May this year was a sequel to Maharashtra ordering closure of dance bars in Mumbai.

It was feared that there will be influx of girls employed in dance bars.

There was apprehension that allowing such live band will encourage dance bars and will result in law and order problem, he said and justified the ban.

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