[EXCLUSIVE]
MAPUSA
Giving almost a carte blanche to Mehfil bar and restaurant to start its operation in Calangute, a local court in Mapusa quashed the Deputy Collector’s January 15 order stopping the operation of the bar and restaurant in Calangute until March 10.
The order will come as a huge blow to local MLA Michael Lobo who was in the forefront to stop the alleged illegal activities in Mehfil.
Setting aside the Deputy Collector and Mapusa SDM Pundalik Korjuvenkar’s order, the Additional Session Court at Mapusa observed that the order suffered from illegality, incorrectness and impropriety.
The court, however, said that police can take action against the management of the bar and restaurant, in case of any illegal activity in the bar.
Picking holes in the deputy collector’s order, the court observed that the deputy collector passed the order without giving enough time for the owner of Mehfil for its say.
The court noted that instead of taking action against the prospective unruly mob and to protect the business premises of the owner from anti-social elements, the deputy collector ordered the owner to close the business establishment, which she had been running after getting all necessary permissions and licenses from appropriate authorities.
The action of the Deputy Collector under Section 144 CrPC should have been against the wrongdoer and not the wronged, the court observed.
The police action came under the court’s scanner, when the court observed that no police protection was provided to the owner’s business premises.
The Sub-Divisional Police Officer, Porvorim, wrote to the deputy Collector on January 6, stating that operating such business under heavy police protection could be seen as a challenge to the locals and not practically feasible from their business point of view or from Calangute Police station, who has to cater to the vast jurisdiction.
The police threw its hands up and showed their helplessness to protect the business premises of the owner from the unruly mob, the court observed.
