IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION No. 3225 OF 2019 (GM-POLICE) BETWEEN:
IMPERIAL RECREATION AND SPORTS CLUB ®, NO.4-114/4, NEAR NIDHI CATERES, JANTRA BELMAN, NANDALIKE VILLAGE, KARKALA TALUK, UDUPI DISTRICT. REPRESENTED BY ITS PRESIDENT SRI JAGADISH SHETTY AGED ABOUT 32 YEARS. … PETITIONER (BY SRI YASHODAR SHETTY, ADVOCATE) AND:
1. THE STATE OF KARNATAKA, BY ITS SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU – 560 001.
2. THE COMMISSIONER OF POLICE, MAIDAN ROAD, MANGALURU MANGALURU – 575 001. DAKSHINA KANNADA.
3. THE DEPUTY COMMISSIONER OF POLICE, MANGALURU DIVISION (LAW AND ORDER), MAIDAN ROAD, MANGALURU – 575 001.
DAKSHINA KANNADA DISTRICT.
4. THE ASSISTANT COMMISSIONER OF POLICE, PANAMBUR SUB-DIVISION, PANAMBUR, MANGALURU D.K. – 575 010.
5. THE INSPECTOR OF POLICE, SAMPIGEHALLI STATION, PANAMBUR POLICE STATION, PANAMBUR, MANGALURU D.K. – 575 010.
6. THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH (CCB), MANGALURU – 575 005. … RESPONDENTS (BY SRI. VIJAY KUMAR A. PATIL, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE PETITIONER IS NOT REQUIRED TO OBTAIN LICENSE UNDER THE PROVISIONS OF LICENSING AND CONTROLLING OF PLACES OF THE PUBLIC AMUSEMENT ORDER TO PLAY INDOOR GAMES SUCH AS CHESS, CAROM, RUMMY, ANDHAR BHAHAR (CARD GAMES), BILLIARDS/SNOOKER, VIDEO GAMES, SKILLED GAMES AND OTHER INDOOR AND OUTDOOR GAMES FOR THE BENEFIT OF ITS MEMBERS, ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Sri Yashodar Shetty, learned counsel for the petitioner. Sri. Vijay Kumar A. Patil, learned Additional Government Advocate for the respondents.
2. In this petition, petitioner inter alia seeks for a direction to the respondents not to insist upon the petitioner to obtain license to play Indoor Games such as Chess, Carom, Rummy, Andhar Bahar (Card Games), Billiards/Snooker, video games, skilled games and other indoor and outdoor games for the benefit of its members, under the provisions of Licensing and Controlling of Places of the Public Amusement Order, 1962 as the above said games are declared as a game of skill by this Hon’ble Court.
3. When the matter was taken up today, learned Additional Government Advocate for the respondents submits that the impugned order in the writ petition is squarely covered by an order dated 22.02.2016 in W.P.No.101799 of 2016.
4. In view of the aforesaid submission and with a view to maintain parity, writ petition is disposed of with the following conditions:
(i) The petitioner shall install 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 within a period of six weeks. 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), 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 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.
(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’s – Club/Association.
(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 is/are found to have indulged in any unlawful or immoral activities.
No order as to costs.
Sd/- JUDGE DH