Karnataka HC Bars Police Interference With Vijayapura Spa’s Lawful Business, Allows Visits On Credible Information Of Illegal Activity

The petitioner, proprietor of a spa in Vijayapura, alleged that police officials had directed the closure of the business and compelled it to shut without notice or a written closure order.

She relied on lease agreements and trade licences to assert that the spa was lawfully operated.

The State disputed that the police had forcibly closed the premises, while submitting that police could inspect a spa upon receiving credible information of illegal activity and take action according to law.

The petitioner sought protection against interference with the spa’s lawful operation and closure without due process.

Article 19(1)(g) of the Constitution protects the right to carry on a lawful occupation, trade or business; interference with lawful business may also affect the proprietor’s and employees’ livelihood.

The Court recognised that police may visit a spa and take action in accordance with law where they receive credible information of unlawful activity, and that the protection of lawful business does not bar lawful enforcement action.

The Court considered the petitioner’s claim that the spa was lawfully operated, supported by lease agreements and trade licences, alongside the police’s submission that they had not forcibly closed the premises and could investigate credible information of illegal activity.

It held that police could not obstruct lawful business, as doing so would infringe the petitioner’s Article 19(1)(g) rights and affect livelihood.

At the same time, the Court preserved the police’s authority to inspect and act in accordance with law if credible information or their findings indicated unlawful activity.

The order does not prevent action against unlawful conduct.

No order was made as to costs.