Police Cannot Curb Licensed Bar’s Hours on Mere Possibility of Crime, Rules Kerala High Court

Police Cannot Curb Licensed Bar’s Hours on Mere Possibility of Crime, Rules Kerala High Court in Mahadevan v. State of Kerala

Case: Mahadevan v. State of Kerala and Others
Date of Judgment: 10 November 2026
Court: High Court of Kerala
Coram: Justice Murali Purushothaman

Court Observation

“Mere possibility of criminal activities cannot, by itself, constitute sufficient justification for imposing restrictions under the Kerala Police Act on the extended operating hours of FL3 hotels permitted under the Foreign Liquor Amendment Rules.”

Summary

The Kerala High Court has held that the police cannot impose restrictions on the operating hours of licensed bar hotels merely on the apprehension that criminal activities might take place. The Court set aside police notices issued to the manager of the Radisson Blu hotel at Kadavanthra, Kochi, an FL-3 licensed five-star bar hotel, which restricted the functioning of its bar beyond 12 midnight and curtailed DJ parties after 11 pm, even though the Excise Department had permitted the hotel to function till 3 am on payment of a fee of Rs 5 lakh for the financial year 2026-27.

The Court observed that DJ-ing is not a prohibited art form, that persons participating in a DJ party have the fundamental right under Article 19(1)(b) of the Constitution to assemble peaceably, and that the licensee of an FL-3 hotel has the fundamental right under Article 19(1)(g) to carry on his profession or business. The police, it held, must take stringent action in accordance with law if they have reason to believe that criminal activities, including the use of narcotic substances, are taking place under the guise of DJ parties — but they cannot curtail licensed hours on a mere possibility. The Court also noted that those living in the vicinity have the fundamental right to live free from noise pollution under Article 21, and that noise violations can be regulated under Section 77 of the Kerala Police Act or the Noise Pollution Rules.

Key Holdings

  • Mere possibility of criminal activities cannot, by itself, justify imposing restrictions under the Kerala Police Act on the extended operating hours of FL-3 hotels permitted under the Foreign Liquor Amendment Rules.
  • Persons participating in a DJ party have the fundamental right under Article 19(1)(b) to assemble peaceably and without arms at any place where they are otherwise lawfully entitled to be.
  • The licensee of an FL-3 hotel has the fundamental right under Article 19(1)(g) to practise any profession or to carry on any occupation, trade or business, subject to reasonable restrictions.
  • Until the government frames appropriate rules prescribing exceptions to the extended hours permitted under the Foreign Liquor Rules, the police cannot curtail or restrict the operating hours of the hotel contrary to those Rules in the absence of special grounds.
  • If the police have reason to believe that criminal activities are taking place under the guise of DJ parties, it is their responsibility to take stringent action in accordance with law to curb the same.
  • A notification issued under Section 79 of the Kerala Police Act can remain in force for a period not exceeding 15 days, and cannot be permanent in nature.

Directions Issued

  • The police notices restricting the hotel’s bar and DJ parties were set aside, and the hotel is entitled to function for an additional three hours after the permissible closing time of 12 midnight, till 3 am, during the financial year 2026-27, except on the eve of a statutory dry day.

Background

The hotel had challenged notices issued by the Assistant Commissioner of Police and the Police Inspector of Kadavanthara Police Station. The police defended the restrictions as necessary to maintain public order and address concerns over narcotics use and violence associated with late-night events, relying on Sections 77, 78 and 79 of the Kerala Police Act, 2011, and pointing to repeated incidents of violence and drug offences reported from the hotel during 2026.

Related Articles

Judgment Link: Read the full judgment (PDF)

Disclaimer: This is a summary prepared for informational purposes only and does not constitute legal advice. Readers should refer to the official judgment for the authoritative text.

Tags: , ,