IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NOs.7027-31 OF 2019 AND 8795-96 OF 2019 (GM-POLICE) BETWEEN:
1. Mangalore Taluku Nondayitha Recreation Club Gala Okkuta, Office at Room No: 339, III Floor, Sea View Building, Near DC Office, Mangaluru-575005, Represented by its Secretary, Mr. Ramesh, Office at Eshwara Krupa, No.3-9-709, Nanthuru, Vivekananda Road, Anchekulashekar, Mangalore-575005.
2. Navadurga Recreation Club, D.No.17-31b-Karnad, Mulki Taluk, D.K. District, Represented by its President, Mr. Sampath G Kotiyan.
3. New Freedom Recreation Association (R) D.No.18-2-35/22, D.No.6-146-18, Namaratha Building, Kottarachowki, Mangalore Taluk, D.K. District-575006, Represented by its President Sri. Sharschandra, S/o Eshwara, Aged Major, House No.3-9-709(4), Near Padavu High School, Vivekanandha Road, Nanthoor, Mangalore-575 004.
4. Suratkal Friends Recreational Club (R) D.No.6-104/4 (1), Tara Towers, Iddya, Surathkal Post, Mangalore Taluk, D.K. District-575 010, Represented by its President, Mr. Sadhashiva, S/o. Late Nemu Poojari, Aged About 55 Years.
5. Village Super Star Club, D. No. 11-93B, 2nd Floor, Poonam Bar Building,Karnad, Mulki Taluk, Mangalore-574 154. Represented By Its President Sri. Mahesh.
6. Durga Recreation Association (R) Dhanush Complex, D. No.1-15/13, Derebail, Kottara Chowki, Mangalore Taluk, Represented By Its President, Mr. Ramesh, S/o. Vasudev, Aged about 44 Years.
7. New Bhagyavanthi Recreational Club Office at Karnad, Mulki Taluk, Mangalore-574 154, Represented by its President Sri Yadava Kotian Petitioners (By Smt. Gayathri Bhat. H, Adv. for Sri P.P.Hegde, Advocate) And 1. The State Of Karnataka Represented by its Chief Secretary, Home Department, Ambedkar Veedhi, Vidhana Soudha, Bangalore - 560001.
2. The Commissioner of Police Maiden Road, Pandeshwar, Mangalore District - 575005. ... Respondents (By Sri. Vijay Kumar A Patil, AGA for R1 & R2) These writ petitions are filed under articles 226 and 227 of the Constitution of India praying to quash sections 79 and 80 of the Karnataka Police Act,1963 as unconstitutional as violative of articles 14, 19(1)(a), 19(1)(c) and Article 21 of the constitution of India and etc.
These writ petitions coming on for preliminary hearing ‘b’ group, this day, the court made the following:
O R D E R Smt.Gayathri Bhat, learned Counsel for the petitioners.
Mr. Viajay Kumar A.Patil, learned Additional Government Advocate for the respondents.
The petitions are admitted for hearing. With the consent of learned Counsel for the parties, the matter is heard finally.
2. In these writ petitions, petitioners, inter alia, seek have assailed the validity of the order of refusal by the Police authorities to grant permission to the petitioners to run the recreation club.
3. To a query posed by the Court to the learned Additional Government Advocate as to under which provision, the aforesaid permission has been refused, learned Additional Government Advocate fairly submitted that there is no such provision in law which enables the Police authorities to refuse such permission.
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 petitions are disposed of with the following conditions:
(i) The petitioners 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 petitioners to the jurisdictional police, as and when called upon to do so.
(ii) The petitioners 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 petitioners 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 petitioners 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 petitioners 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 petitioners’ premises.
(vii) The respondents are directed not to interfere with the lawful recreational activities carried on by the members of the petitioners’ – 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 petitioners is/are found to have indulged in any unlawful or immoral activities.
No order as to costs.
Sd/- JUDGE ln.