IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO. 11604/2019 (GM-POLICE) BETWEEN:
JAI MARUTHI SPORTS AND CULTURAL ASSOCIATION NO.78-8, AGRAHARA DASARAHALLI, MAGADI MAIN ROAD, BENGALURU-560079 REPRESENTED BY ITS SECRETARY, SRI.M.VEERAN.
... PETITIONER (By Sri. D.T. NANJESH GOWDA, ADV.) AND 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU-560 001 2. THE COMMISSIONER OF POLICE INFANTRY ROAD, BANGALORE CITY, BANGALORE-560 001 3. THE DEPUTY COMMISSIONER OF POLICE BENGALURU SOUTH DIVISION, BANGALORE-560050 4. THE ASSISTANT COMMISSIONER OF POLICE BASAVESHWARANAGARA SUB DIVISION, BANGALORE-79 5. THE INSPECTOR OF POLICE MAGADI ROAD POLICE STATION, BANGALORE-560023 6. THE CITY CRIME BRANCH OF POLICE RAYAN CIRCLE,MYSORE ROAD, BANGALORE-560 002 REP BY ITS DEPUTY COMMISSIONER OF POLICE.
(By Sri.VIJAYKUMAR 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 THE PETITINER TO OBTAIN LICENSE UNDER KARNATAKA POLICE ACT OR UNDER LICENSING AND CONTROLLING OF PLACES OF PUBLIC AMUSEMENT FOR PLAYING OF SKILL GAMES LIKE CHESS, SNOOKER, CAROM, ELECTRONIC COIN GAMES, PENTASTIC-3, VIDEO GAMES, THREE DIES BOWLING, (IS NEWLY KNOWN AS SKILLED ELECTRONIC GAME) POKER, WALL GAME, SIX COLOUR GAMES, RUMMY ETC., IN THE PREMISES OF THE PETITIONER-ASSOCIATION.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr. D.T.Nanjesh, learned Counsel for the petitioner.
Mr. Vijaykumar A.Patil, learned Additional Government Advocate for the respondents.
The petition is admitted for hearing. With the consent of learned Counsel for the parties, the matter is heard finally.
2. In this writ petition, the petitioner being aggrieved by the interference by the Police authorities in running the recreation club and insisting to obtain licence, has approached this Court for a direction to the Police authorities not to interfere with the activities of the recreation club run by the petitioner.
3. To a query posed by the Court to the learned Additional Government Advocate as to under which provision the Police Authorities could insist obtaining of licence to run the recreational activities in the club, learned Additional Government Advocate fairly submitted that there is no such provision in law which enables the Police authorities to insist such licence.
4. At this stage, learned counsel for the parties submit that the impugned order in the writ petition is squarely covered by an order dated 22.02.2016 in W.P.No.101799/2016.
5. 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 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), survelliance, 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 ln.