Palekar, in his petition, has said the rules are 'arbitrary' and violative of the fundamental rights of a citizen guaranteed under the Constitution.
Under section 33(1)(wa) of the Bombay Police Act, the Commissioner of Police or Superintendent of Police can frame rules for Licensing and Controlling Places of Public Amusement (other than cinemas) and Performance for Public Amusement, including melas and tamashas.
By these rules, for regulation in the interest of public order, decency or morality, prior scrutiny of such performances and of the script was made mandatory. After scrutiny, a certificate would be issued subject to conditions.
The petition came up for hearing today before a division bench of Chief Justice Manjula Chellur and Justice M S Sonak which adjourned it for a week.