The petitioners have filed this petition under Article-226 of the Constitution of India praying, inter alia, for direction to the respondents not to interfere with the lawful/legitimate activities which have been carried out by the Members/Guests of the petitioner No.1 Company in card rooms of the Gymkhana of the petitioner No.1 company from playing card games which are purely the games of skill i.e. the card games of Rummy and Marriage and for quashing and setting aside the illegal action of concerned police authorities of carrying out search, raid and inspection of the card rooms and premises of the petitioner No.1 Company.
This Court has passed a detailed interim order on 31.3.2010 directing the petitioners to furnish details regarding the list of members and also affidavits of those persons, who are being harassed by the police authorities. The petitioners were also asked to furnish the details regarding time and event when the members were being harassed by the police authorities. On that day, the learned Assistant Government Pleader has shown certain relevant papers to the Court which contained certain complaints received by the Police Department from the persons living in nearby area. Some statements were also recorded by the police authorities which have been shown to the Court. The Court, therefore, asked the learned Assistant Government Pleader to place on record those details alongwith affidavit of the concerned Police Officer, on the returnable date.
Pursuant to the said order, an affidavit-in-reply is filed by Police Inspector, Khadia Police Station, Ahmedabad, alongwith which all requisite details were placed on record. It is stated in the said affidavit that the record reflects 16 complaints made against petitioner. The list of such complaints was placed on record. The concerned Police Station has also received a report that illegal activities are being carried out in the premises of the petitioner No.1 Company.
Despite the order dated 31.3.2010 no details were furnished by the petitioners on the returnable date i.e. 15.4.2010. On the contrary, the petitioners have challenged this interim order before the Division Bench of this Court in Letters Patent Appeal. Thereafter, on several occasions matter was listed. However, on the ground of pendency of Letters Patent Appeal before the Division Bench, the details were not furnished, despite there being no stay against the interim order. An affidavit-in-rejoinder was filed on 20.4.2010, however, no details were furnished by the petitioners. Ultimately Letters Patent Appeal was dismissed by the Division Bench. Thereafter, two affidavits of the members, namely, Ashok C. Shah and Alpesh R. Khatri were filed on 10.5.2010.
Having heard the learned advocates appearing for the parties and having considered their rival submissions in light of the documents produced on record and the decided case law on the subject, the Court is of the view that since the activities of the petitioner club are not for the objects which are stated in the object clause of Memorandum of Association and only activity carried out by the petitioner No.1 Company is of gambling which is prohibited under the law, the Court does not find any substance in the present petition. The authorities relied upon by the learned advocate appearing for the petitioners are altogether on different footing and they are not applicable to the facts of the present case. Despite the order as well as direction of this Court the requisite details have not been filed by the petitioner and the complaints received by the Police Department clearly indicates that it causes nuisance to the people residing in the surrounding area and there is no other activity except playing cards for monetary consideration. In this view of the matter, no directions are required to be issued to the Police Authorities and they should not be restrained from discharging their legal duty.
The petition is, therefore, dismissed without any order as to costs.
Sd/-
[K. A. PUJ, J.] Savariya Top