‘Unsigned show cause notice’: HC sets aside Delhi Police order asking bar to cease operations

The Indian Express has accessed the notice sent by the Delhi Police; it names the Joint Commissioner of Police (Licensing) but none of the officers (in the department) have signed it.

Delhi high court news, Delhi hc show cause notice, Delhi Police, delhi hc sets aside delhi police order, café-bar operations, cease operations, Delhi Police Licensing department, Indian express news

On Friday, the High Court sought details of the case and found that the police show-cause notice was unsigned and hence it “can not exist”, and the café-bar can remain operational. The petition was disposed of and the police were directed to look into the matter. (Express File Photo)

Noting that the show cause notice issued was “unsigned”, Delhi High Court has set aside an order by the Delhi Police to a café-bar in South Delhi to cease operations. Sources said the Licensing department of the Delhi Police had sent a notice to Uncultured Café and Bar in Kailash Colony with multiple “discrepancies”, and the notice was later set aside by the court.

The police notice is based on an FIR lodged in 2022 against the café-bar under IPC section 188 (disobedience to order duly promulgated by public servant). Police had said the eatery was operating post 1 am. Notably, this came days after a senior IPS officer’s name had come up in connection with an alleged incident in which a woman was injured after she got hit on the head with a glass on the premises. No FIR was registered in the case but a general diary entry was made.

The Indian Express has accessed the notice sent by the Delhi Police; it names the Joint Commissioner of Police (Licensing) but none of the officers (in the department) have signed it.

“Whereas, inspection conducted by team of Licensing Unit found the entity operational and using 4th floor that is violation of FSC & Delhi Police License. CCTV recording was found of 10 days instead of 30 days. That is clear violation of terms & conditions laid down in the Registration Certificate. Therefore, your eating house i.e. M/s Uncultured (A Unit of Konnect Hospitality) are violating the terms and condition of Delhi Police Eating House License,” the notice said. “Therefore, I…Joint Commissioner of Police, Licensing, New Delhi, in exercise of power conferred upon the undersigned under the provisions of “Delhi Eating Houses Registration Regulations 2023”, do hereby suspend the Registration Certificate no. and directed to cease operations of Eating House with immediate effect…” it added.

The notice is not only unsigned but also not dated properly: while the notice was issued on January 1, 2024, it is dated December 27, 2023 at one place.

In the High Court, M Sufian Siddiqui, the lawyer for the petitioner, stated that the café-bar does not have any operations on the 4th floor, as opposed to what is written in the notice. Also, only a single DVR was malfunctioning while the premises has other CCTV recordings up to 30 days.

Officials said the Delhi Fire Services also inspected the place in May 2023 and, in their report, mentioned the café-bar was only operating till the 3rd floor, adding the premises is compliant with the fire safety standards/requirements. A senior DFS officer confirmed that the premises was not violating FSC (Fire Safety Clearance) norms.

Story continues below this ad

“The order is unsigned, does not even bear any facsimile or digital signatures of the Jt. CP, thus cannot be acted upon, and is not a valid order in the eyes of law. Besides, the said order is brazen abuse of the process of law, patently suffers from arbitrariness, based on absolutely spurious grounds, disproportionately harsh and precipitously passed without affording any opportunity of hearing, violating the Guarantee of Article 14 of the Constitution,” said lawyer Siddiqui.

The Joint CP, licensing, was not available for comment.

Stay updated with the latest - Click here to follow us on Instagram