Police Cannot Obstruct Lawful Spa Operations but May Act on Credible Information of Illegality.

The petitioner, proprietor of “Moon Unisex Spa” in Kalaburagi, alleged that police officials had forced him to close the business without notice or a closure order.

He relied on lease agreements and trade licences issued by the municipal corporation and sought protection from coercive action, as well as permission to reopen without a trade licence under the proviso to Section 353 of the Karnataka Municipal Corporations Act.

The police denied forcefully closing the premises and submitted that they could inspect spa centres on receiving credible information of illegal activity and act in accordance with law.

The corporation stated that it had issued the petitioner a trade licence, but that the business must remain lawful.

1. Whether the police may obstruct or close the petitioner’s spa business without acting in accordance with law.

2. Whether the police may inspect the premises and take action if they receive credible information of unlawful activities.

Article 19(1)(g) of the Constitution protects the right to carry on a lawful business; interference with lawful business may violate that right.

The Court also recognised that interference could affect the proprietor’s and employees’ right to life and livelihood.

The police may visit the premises and take action in accordance with law where credible information indicates unlawful activity, but they must not interfere with lawful business.

The Court considered the petitioner’s claim that he operated lawfully and had produced lease agreements and municipal trade licences, alongside the police’s denial of forcible closure and their stated authority to verify credible information about illegal activities.

It held that police interference with lawful spa operations would infringe the petitioner’s Article 19(1)(g) rights and affect the livelihood of the proprietor and employees.

At the same time, it preserved the police’s authority to inspect the premises and act in accordance with law if credible information of unlawful activity arose.

It directed that the petitioner conduct only lawful activities and that the respondents not interfere with those activities.

The jurisdictional police may periodically visit the premises upon receiving credible information of unlawful activity and may take action in accordance with law if such activity is found.