Bangalore: Justice Ashok B Hinchigeri, of the the Karnataka high court on Wednesday struck down a provision under Rule-11(1) of the Karnataka Excise Licenses (General Conditions) Rules, 1967, prohibiting “dance” as a kind of entertainment on the premises where sale of liquor is permitted.

The order was passed  while disposing of a petition filed by M/s Chef Inn Regency, Bar & Restaurant, Ring Road, Domlur and two women who said dancing is their profession.

The judge said that the state can  take appropriate action under the Police Act and other legislation if there is any lapse.

Counsel for the Petioners M. Krishnappa, quoted the  recent  Supreme Court decision of July 16, 2013 (State of Maharashtra & another vs Indian Hotel & Restaurants Association and others), holding that “dancing is a fundamental right and it cannot be excluded by dubbing it as res extra commercium (a thing outside commerce)”.