IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE A.S. BOPANNA WRIT PETITION NO.44718/2017 (GM-POLICE) BETWEEN:
PVS SOCIAL ASSOCIATION NO.175, 3RD FLOOR RAMA TEMPLE STREET NEW THIPPASANDRA MAIN ROAD BANGALORE-75 REP. BY ITS PRESIDENT SRI PRAKASH VENKATESH …PETITIONER (BY SRI H. DEVENDRAPPA, ADV.) AND:
1. STATE OF KARNATAKA REP. BY ITS SECRETARY HOME DEPARTMENT VIDHANA SOUDHA BANGALORE-560 001.
2. THE COMMISSIONER OF POLICE BANGALORE-560 001.
3. THE DEPUTY COMMISSIONER OF POLICE, BANGALORE EAST BANGALORE-560 008.
4. THE ASSISTANT COMMISSIONER OF POLICE, ULSOOR SUB-DIVISION BANGALRE-560 008.
5. THE INSPECTOR OF POLICE JEEVANBHEEMANAGAR BANGALORE-560 075 6. THE ASSISTANT COMMISSIONER OF POLICE, THE CITY CRIME BRANCH N.T.PET BANGALORE-560 002. …RESPONDENTS (BY SMT. PRATHIMA HONNAPURA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THAT THE PETITIONER ASSOCIATION IS NOT GOVERNED BY THE PROVISIONS OF THE LICENSING AND CONTROLLING OF PLACES OF PUBLIC AMUSEMENTS ORDER, AS THE ACTIVITIES CARRIED ON BY THE PETITIONER ASSOCIATION IN ITS PREMISES ARE PERMITTED ONLY FOR ITS MEMBERS AND NOT FOR THE GENERAL PUBLIC, THEREFORE THE PETITIONER ASSOCIATION IS NOT LIABLE TO OBTAIN ANY LICENSE UNDER THE AFORESAID ORDER AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned Government Advocate to accept notice for respondents No.1 to 6 and file memo of appearance in four weeks.
2. The petitioner is before this Court seeking for issue of mandamus or any other appropriate writ in the manner as has been sought in the petition.
3. The issue which has been raised in the instant petition has already been considered by this Court in W.P.No.30071/2014 dated 15-10-2014 (The Media N Members Club vs. State of Karnataka and Others) wherein the petition was 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 games(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 survelliance 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 game(s) played is contrary to any law and in violation of the settled practice, it is open to 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.”
This writ petition is also disposed of in the aforesaid terms.
Sd/- JUDGE ST