IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD WRIT PETITION NO.1287 OF 2019 (GM-POLICE) BETWEEN Golden Welfare and Recreation Association No.61, 2nd Floor, Venkatapura Main Road, 1st Block, Koramangala, Bengaluru - 560 034.
President Sri.Gurupada Swamy Age about 35 years.
(By Sri.Sharathkumar Shetty, Advocate) AND 1. State of Karnataka Represented by its Secretary Home Department Vidhana Soudha, Bengaluru - 560001.
2. The Commissioner of Police Bengaluru - 560001.
3. The Deputy Commissioner of Police, South East Koramangala Bengaluru - 560034.
... Petitioner 4. The Assistant Commissioner of Police, Madiwala Sub Division Bengaluru - 560068.
5. The Inspector of Police Madiwala Police Station Bengaluru - 560 068.
6. The Assistant Commissioner Police, the City Crime branch N.T. Pet, Bengaluru - 560002. (By Sri.Vijaya Kumar A. Patil, AGA) ... Respondents This writ petition 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 and etc.
This writ petition coming on for Preliminary Hearing, this day, the Court made the following:
ORDER Sri.Vijaya Kumar A. Patil, the learned AGA accepts notice for the respondents.
2. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondents.
3. The petitioner in the above writ petition has sought for a direction to the respondents from interfering with day-to-day recreational activities run by the petitioner-Association in the schedule premises and for other relief/s. It is contended by the petitioner that it is an Association registered under the Karnataka Societies Registration Act, 1960. The object of the Association is to provide facilities for recreation and entertainment such as conduct outdoor and indoor games like play of skill Fantastic-3, six color game, Chess, Snooker, Rummy, Poker, Electronic Coin Games, Carom, Billiards, etc., which are the games of skill. The respondents - Police are interfering with the functioning of the Association without any legal basis. The petitioner - Association is not required to obtain any license from the respondents under any provisions of law, and therefore, prayed for the relief sought for.
4. The issues, which are similar to the present writ petition, have been considered by this Court in W.P.No.46896/2018 decided on 28.11.2018. In view of the observations made in W.P.No.46896/2018, this petition could be disposed of.
5. Accordingly, the present writ petition is disposed of with the following directions: -
(i) The petitioner shall install within a period of six weeks, CC TV cameras, at all 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 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 police, during the raid(s) and surveillance etc.
(iii) The petitioner shall not allow any non- member(s) or the guest(s) of the member(s), to make use of its premises for the purpose of playing any kind of game(s) or recreational activities.
(iv) 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.
(v) 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 police find that any of the game/s played is/are contrary to any law and in violation of the settled practice, it is open for them to take action against petitioner and the offenders, in accordance with law.
(vi) 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.
(vii) The respondents are directed not to interfere with the lawful recreational activities carried on by the members of the petitioner – Club/Association subject to the petitioner complying with the aforesaid terms of this order.
(viii) 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 are found to have indulged in any unlawful or immoral activities.
Ordered accordingly.
The learned AGA is permitted to file memo of appearance for the respondents, within a period of four weeks.
SD/- JUDGE dn/nms