IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE B. VEERAPPA WRIT PETITION NO.47940 OF 2019(GM-POLICE) BETWEEN:
The Planters Club Tegur Road, Chikkamagalur – 577 102.
Represented by its Secretary Mahesh Kumar B.S.
S/o B.V. Shankarappa, Aged about 50 years, R/o Neela Kanteshwara Nilaya, Behind Kouthi Hotel, Jayanagar, Chikkamagalur – 577 102.
(By Sri. Girish B. Baladare, Advocate) AND:
1. The State of Karnataka Rep. by its Secretary, Home Department, Vidhan Soudha, Bengaluru – 560 001.
2. The Superintendent of Police Chikamagalur District, Chikkamagalur – 577 102.
... Petitioner 3. The Deputy Superintendent of Police, Chikkamagalur District, Chikkamagalur – 577 102.
4. The Circle Inspector of Police Chikkamagalur Town Circle, Chikkamagalur – 577 102.
5. The Sub-Inspector of Police Town Police Station, Market Road, Chikkamagalur – 572 201.
(By Sri. M. Vinodkumar, AGA) … Respondents This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondents not insist the petitioner to obtain any license to carry on lawful activities including the rummy in the premises of the petitioner either under the licensing and controlling of places of public amusement order or under the Karnataka Police Act and not to interference with the recreational and other lawful activities carried on in the petitioners in any manners.
This writ petition coming on for Preliminary Hearing this day, the Court made the following:
ORDER The petitioner in the above writ petition has sought for directions to respondents not insist the petitioner to obtain any license to carry on lawful activities including the Rummy in the premises of the petitioner either under the licensing and controlling of places of public amusement order or under the Karnataka Police Act and not to interference with the recreational and other lawful activities carried on in the petitioners in any manners in the interest of justice and equity.
2. It is contended by the petitioner that it is a Club is registered under the Karnataka Societies Registration Act, 1960 on 02.08.2016 . The object of the Club is to provide facilities for recreation and entertainment including Rummy in the premises of the petitioner. The respondent police are interfering with the functioning of the Club without any legal basis. The petitioner Club is not required to obtain any license from the respondents under any provisions of law, and therefore, prayed for the relief sought for.
3. I have heard the learned counsel for the parties to the lis.
4. Sri Girish B. Baladare, learned counsel for the petitioner, reiterating the grounds urged in the writ petition, contended 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, sought to allow the writ petition.
5. Per contra, Sri M. Vinod Kumar, 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.
6. In view of the above, the present writ petition is disposed off 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 dn/-