In the High Court of Karnataka at Bengaluru, a writ petition was filed by an Advocate A.V. Amarnathan seeking cancellation of license permits granted to the Tonique Bar and Restaurant, Kasturba Road.
The Petitioner had contended the listed concerns:
- The statue of Father of the nation, Bal Bhavan in Cubbon Park, a Church and the office of the Deputy Commissioner of Police was in proximity within a lapse of 100 meters from the location of the Bar.
- The above said, was in the urge of consideration of the statue as ‘Religious Institution’ and since the prayers are offered near the statue.
- It was contended that Rule 5 of the Karnataka Excise Licenses Rules, 1967 has been breached.
Refuting the submission of the Petitioner, the State Government filed its reply, stating that the distance is more than 100 meters; therefore, there is no violation of any rule.
A Bench of Justice Abhay S. Oka and Justice N.S. Sanjay Gowda, while rejecting the plea of Petitioner, observed that:
- It is impossible to consider the Father of the Nation as a ‘Religious institution’, since, if we look for the thoughts and views propagated by him during his lifetime, it is unfeasible to accept the statue as a place of public religious worship.
- Being a true democrat, he never encouraged the worshipping of human beings.
- The contention of Rule 5 as objected by the Petitioner also stands rejected.
On the grounds above, the Writ Petition was dismissed.
