IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.9097 OF 2019 (GM-POLICE) BETWEEN:
Nandi Sports and Cultural Association, No.32, 3rd Block, 2nd Stage, Nagarabhavi, Bengaluru-560 072. Represented by its General Secretary, Sri. M. K. Shivakumar.
(By Sri. Yathish J. Nadiga, Advocate) AND:
1. The State of Karnataka, Home Department, Vidhana Soudha, Bengaluru-560 001, Represented by its Secretary.
2. The Commissioner of Police, Infantry Road, Bengaluru-560 001.
… Petitioner 3. The Deputy Commissioner of Police, Bangalore West Division, Upparapet, Bengaluru-560 009.
4. The Assistant Commissioner of Police, Kengeri Gate Division, Byatarayanapura, Bengaluru-560 026.
5. The Inspector of Police, Annapoorneshwari Nagar Police Station, Bengaluru-560 072.
6. The Deputy Commissioner of Police, C.C.B. Police Station, Royan Circle, Bengaluru-560 018.
… 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 direct the respondents not insist upon the petitioner to obtain the license to carry on lawful activities in the premises of the petitioner association either under the Police Act or under the provisions of licensing and controlling of places of public amusement order and not to interfere in the play of skill oriented games like snooker, poll, rummy, shuttle cock, poker, bowling alley, sudko, skating, fantastic3, carom, chess and games which are the games of skill as held by this Hon’ble High Court in various earlier writ petitions and etc.
This Petition coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER Sri. Yathish J. Nadiga, learned counsel for the petitioner.
Sri. Vijay Kumar A. Patil, learned Additional Government Advocate for the respondents.
Petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition, petitioner inter alia seeks a direction to the respondents not insist upon the petitioner to obtain the license to carry on lawful activities in the premises of the petitioner association either under the Police Act or under the provisions of licensing and controlling of places of public amusement order and not to interfere in the play of skill oriented games like snooker, poll, rummy, shuttle cock, poker, bowling alley, sudko, skating, fantastic3, carom, chess and games which are the games of skill.
3. When the matter was taken up today, 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.
4. 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), 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 Mds/-