IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY, 2019 BEFORE THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.56205/2018(GM-POLICE) BETWEEN:
OM SRI VINAYAKA RECREATION ASSOCIATION (R) NO.3, 1ST FLOOR, BALAJI NAGAR, OPPOSITE LAKSHMI THEATRE, DRC POST, B.T.M. LAYOUT BENGALURU-560 029.
REPRESENTED BY ITS PRESIDENT SRI.RAGHU KUMAR.S S/O SRI SHIVANNA, AGED ABOUT 42 YEARS.
(BY SRI B. J. KRISHNA, ADVOCATE) AND:
1. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU-560 001.
2. THE COMMISSIONER OF POLICE GOVERNMENT OF KARNATAKA, INFANTRY ROAD, BENGALURU-560 001.
... PETITIONER 3. STATION HOUSE OFFICER SUDDUKUNTEPALYA POLICE STATION BALAJI NAGAR, BENGALURU CITY BENGALURU-560 029.
... RESPONDENTS (BY SRI VIJAYKUMAR A PATIL, ADDL. GOVT. ADVOCATE) …… THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS TO THE RESPONDENT-3 THE STATION HOUSE OFFICER, SUDDAGUNTEPALYA POLICE STATION, BALAJINAGAR, BENGALURU CITY, BENGALURU, NOT TO STOP THE PETITIONER'S ASSOCIATION ACTIVITIES.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING ORDER The petitioner in the above writ petition has sought for a direction to the third respondent not to stop the activities of the petitioner-Association.
2. It is contended by the petitioner that the petitioner is an Association registered before the competent authority with an intention to encourage and promote sports and cultural activities, both for men and women, children and to hold qualifying tests for sports activities and laid down rules and regulations for proper functioning of the Association. The object of the Association is to promote and safeguard the interest of games like snooker, billiards, football, adventurous games, basket ball, yoga, gymnastic, skating and all types of indoor and outdoor games and to hold the inter district, State, zonal, national and international championships in the State of Karnataka. 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. It is contended in the petition 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, has filed the writ petition for the relief sought for.
4. Per contra, Sri Vijaykumar A. Patil, learned Addl.
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.
5. 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