IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.28526 OF 2019 (GM-POLICE) BETWEEN:
FRIENDS SPORTS CULTURAL ASSOCIATION, NO.127, 3RD FLOOR, ANCHORAGE COURT, OPPOSITE BRIGADE TOWER, BRIGADE ROAD, BANGALORE-560 025. REPRESENTED BY ITS, PRESIDENT MR.S.VELTHI UNGAM PALANI, AGE ABOUT 48 YEARS. ... PETITIONER (BY SRI.SHARATHKUMAR SHETTY, ADVOCATE) AND:
1. STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, VIDHANASOUDHA, BANGALORE-560001.
2. THE COMMISSIONER OF POLICE, BANGALORE-560001.
3. THE DEPUTY COMMISSIONER OF POLICE, BANGALORE CENTRAL, BANGALORE-560001.
4. THE ASSISTANT COMMISSIONER OF POLICE, CUBBON PARK, BANGALORE CENTRAL, BANGALORE-560001.
5. THE INSPECTOR OF POLICE, ASHOKNAGAR, BANGALORE-560050.
6. THE ASSISTNAT COMMISSIONER POLICE, THE CITY CRIME BRANCH, N.T.PET, BANGALORE-560002. ... RESPONDENTS (BY SRI.B.BALAKRISHNA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS NOT TO INSIST UPON THE PETITIONER TO OBTAIN THE LICENSE TO CARRY IN LAWFUL ACTIVITIES IN THE PREMISES OF THE PETITIONER'S ASSOCIATION EITHER UNDER THE LICENSING AND CONTROLLING OF THE KARNATAKA POLICE ACT AND NOT TO INTERFERE IN THE PLAY OF SKILL FANTASTIC-3, SIX COLOR GAME, CHESS, SNOOKER, RUMMY, POKER, ELECTRONIC COIN GAMES, CAROM, BILLIARDS, ETC., WHICH ARE THE GAMES OF SKILL.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Sri. Sharath Kumar Shetty, learned counsel for the petitioner.
Sri. B. Balakrishna, learned Additional Government Advocate for the respondents.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition, the petitioner inter alia seeks a writ of mandamus directing the respondents not to insist upon the petitioner to obtain the license to carry on lawful activities in the premises of the petitioners Association either under the Licensing and Controlling of the Karnataka Police Act and not to interfere in playing Fantastic- 3, six color game, chess, snooker, rummy, poker, electronic coin games, carom, billiards etc., which are the games of skill.
3. When the matter was taken up today, learned counsel for the parties submit that the controversy involved in the instant writ petition is squarely covered by an order dated 19.10.2016 in Review Petition No.200029/2016.
4. In view of the aforesaid submissions and with a view to maintain parity, writ petition is disposed of with the following conditions:
(i) The petitioner shall install within a period of six weeks, CC TV cameras, at the places of access to its members and also at all the places, wherein game(s) is / are played by the members. The CC TV footage of atleast prior 15 days’ period shall be made available by the petitioner to the jurisdictional police, as and when called upon to do so.
(ii) The petitioner shall issue identity card(s) to all its member(s), which shall be produced by the member(s), when called upon by the concerned police, during the raid(s), survelliance, etc.
(iii) The petitioner shall not permit any activity by any of its member(s), by indulging in acts of amusement, falling within the definition of Ss.2(14) & 2(15) of the Act and shall not permit any game(s) of chance as per Explanation (II) of Sub-section (7) of Section 2 of Karnataka Police Act, 1963. The member(s) shall not be allowed to play any kind of game(s) with stakes or make any profit or gain out of the game(s) played.
(iv) The petitioner shall put proper mechanism in place and shall ensure that no game(s) is played in any unlawful manner by the member(s). If the jurisdictional police find the game(s) played is/are contrary to any law and in violation of the settled practice, it is open to them to take action against the petitioner and the offenders, in accordance with law.
(v) The jurisdictional police shall have liberty to visit premises periodically and/or on receipt of any information about any unlawful activity being carried on in the petitioner’s premises.
(vi) The respondents are directed not to interfere with the lawful recreational activities carried on by the members of the petitioner’s – Club/Association.
(vii) It is made clear that this order would not come in the way of the jurisdictional police invoking the provisions of the Act and taking action in accordance with law, if the member(s) of the petitioner is/are found to have indulged in any unlawful or immoral activities.
No order as to costs.
Sd/- JUDGE BMC/-