IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2019 BEFORE THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.52313/2019(GM-POLICE) BETWEEN:
THE LEGEND SPORTS AND CULTURAL ASSOCIATION SRIKANTA PALACE NO.1, 3RD FLOOR, RAJARAO BUILDING, TIPPU SULTAN ROAD, DEVANAHALLI, BENGALURU RURAL DISTRICT REPRESENTED BY ITS SECRETARY K. V. SHIVAREDDY (BY SRI S.N. HATTI, ADVOCATE) AND:
1 . STATE OF KARNATAKA BY IT’S SECRETARY DEPARTMENT OF HOME VIDHANA SOUDHA, VIDHANA VEEDHI BANGALORE-01.
2 . THE INSPECTOR OF POLICE TIPPU SULTAN ROAD, DEVANAHALLI, BANGALORE RURAL DISTRICT-10.
...PETITIONER …RESPONDENTS (BY SRI M. VINOD KUMAR ADDITIONAL GOVERNMENT ADVOCATE) …… THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS NOT TO INSIST UPON THE PETITIONER TO OBTAIN LICENSE TO CARRY ON SKILLED GAME ACTIVITIES IN THE PREMISES OF PETITIONER ASSOCIATION EITHER UNDER POLICE ACT OR UNDER ANY OTHER PROVISIONS OF LICENSING AND CONTROLLING OF PLACES OF PUBLIC AMUSEMENT ORDER AND NOT TO INTERFERE IN PLAY OF SKILLED GAMES ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner in the above writ petition has sought for a writ of mandamus to the respondent not to insist upon the petitioner to obtain license to carry on skilled game activities in the premises of petitioner- Association either under Police Act or under any other provisions of licensing and controlling of places of public amusement order and not to interfere in play of skilled games.
2. 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 inculcate sportsman spirit and develop Art and Culture among its’ members. The Association also conducts games of skill like carom, chess and rummy play i.e., particularly 13 cards which is a game of skill. None of the games of chance or amount to any gambling are permitted. The respondent 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.
3. I have heard the learned counsel for the parties to the lis.
4. Sri S.N.Hatti, learned counsel for the petitioner, reiterating the grounds urged in the writ petition, contended that the petitioner is running recreational activities and is not indulged in any illegal activities and therefore, respondents cannot insist or interfere with the petitioner’s legal activities. The conduct of the respondents is illegal and therefore, sought to allow the writ petition.
5. Per contra, Sri M.Vinodkumar, learned Additional Government Advocate, submits that the respondents will not interfere with the recreational activities of the petitioner, if conducted legally. Only if the petitioner indulges in illegal activities, then the respondents will take action in accordance with law. The said submission is placed on record.
6. In view of the above, 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.
(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.
Sd/- JUDGE kcm