IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JANUARY 2019 BEFORE The Hon’ble Mr. Justice B. M. Shyam Prasad Writ Petition No. 2113 of 2019 (gm-police) Between :
PADUMUNDU RECREATION ASSOCIATION (R) NO.2/287, MOGABETTU, DEVASTHANABETTU POST BELOOR0, KUNDAPURA TALUK UDUPI DISTRICT REPRESENTED BY ITS VICE PRESIDENT SRI PRATHAP SHETTY SON OF SHIVARAM SHETTY AGED ABOUT 43 YEARS.
(BY SRI. K. PRASANNA SHETTY, ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY ITS SECRETARY HOME DEPARTMENT VIDHANA SOUDHA, BANGALORE - 560 001.
2. THE SUPERINTENDENT OF POLICE UDUPI, UDUPI DISTRICT - 576 101 3. THE ASSISTANT SUPERINTENDENT OF POLICE UDUPI DIVISION (LAW AND ORDER) UDUPI - 576 101.
4. THE DEPUTY SUPERINTENDENT OF POLICE UDUPI, UDUPI DISTRICT-576101 5. THE INSPECTOR OF POLICE D.C.I.B. SQUAD UDUPI DISTRICT ... PETITIONER UDUPI - 576 104.
6. THE INSPECTOR OF POLICE BRAHMAVARA CIRCLE BRAHMAVARA - 576 104. UDUPI DISTRICT.
7. THE SUB INSPECTOR OF POLICE KOTA POLICE STATION UDUPI DISTRICT.
(BY SRI. CIJAYA KUMAR A. PATIL, AGA ) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE PETITIONER IS NOT REQUIRED TO OBTAIN ANY PERMISSION OR LICENSE UNDER THE PROVISIONS OF LICENSING AND CONTROLLING OF PLACES OF THE PUBLIC AMUSEMENT ORDER TO PLAY INDOOR GAMES SUCH AS RUMME (CARD GAME), CHESS, CAROM, BILLIARDS/SNOOKER, SKILLED GAMES AND OTHER INDOOR AND OUTDOOR GAMES FOR THE BENEFIT OF ITS MEMBERS.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Vijaya Kumar A. Patil, the learned AGA accepts notice for the respondents.
2. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondents.
3. The petitioner in the above writ petition has sought for a direction to the respondents from interfering with day-to-day recreational activities run by the petitioner- Association in the schedule premises and for other relief/s. 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 provide facilities for recreation and entertainment such as conduct of outdoor and indoor games like rummy, chess, carom, best of seven, jackpot, skilled games etc. The respondents - 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.
4. The issues, which are similar to the present writ petition, have been considered by this Court in W.P.No.46896/2018 decided on 28.11.2018. In view of the observations made in W.P.No.46896/2018, this petition could be disposed of.
5. Accordingly, 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 subject to the petitioner complying with the aforesaid terms of this order.
(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.
The learned AGA is permitted to file memo of appearance for the respondents within a period of four weeks.
SD/- JUDGE SA