The direction was given by Justice A P Shah, who heard a petition alleging that while the Maharashtra government allows discotheques in five-star hotels to operate till 3 am , entertainment was permitted only until 12:30 am at other places.

The petition was filed by the Three Flights Up discotheque, which contended that the government's attitude was discriminatory. Counsel for the petitioner pointed out that though his client had been provided five-star facilities at the discotheque, it was allowed to operate till 12.30 am only.

He also alleged that the police entered the discotheques around 12.30 am daily and tried to close down the establishment despite earlier court orders that customers could be allowed to have dinner till 1.30 am. The government pleader assured the court that till the affidavit was filedby the state administration, the police would not attempt to close down discotheques at 12.30 am.