IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER 2017 PRESENT THE HON’BLE MR.H.G.RAMESH ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION No.55403/2017 (GM-RES-PIL) BETWEEN:
SRI NAGESH N S/O LATE NANJUNDA SHETTY AGED ABOUT 42 YEARS RESIDING AT NO.24, 1ST FLOOR 5TH BLOCK, KUMARA PARK WEST BENGALURU-560 020 ...PETITIONER (BY SRI N.SRIRAM REDDY, ADVOCATE) AND:
1. THE PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA EXCISE DEPARTMENT VIDHANA SOUDHA BENGALURU-560 001 2. THE ADDITIONAL CHIEF SECRETARY GOVERNMENT OF KARNATAKA HOME DEPARTMENT VIDHANA SOUDHA BENGALURU-560 001 3. THE DG & IGP, KARNATAKA STATE CHIEF OFFICE, NRUPATUNGA ROAD BENGALURU-560 001 4. THE EXCISE COMMISSIONER KARNATAKA STATE, 2ND FLOOR TTMC BUILDING, A BLOCK BMTC BUS STAND SHANTHINAGARA BANGALORE-560 027 5. DEPUTY COMMISSIONER BANGALORE CITY KANDAYA BHAVAN BANGALORE-560 002 6. THE COMMISSIONER OF POLICE INFANTRY ROAD BANGALORE-560 001 …RESPONDENTS (BY SRI A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL FOR SRI VIVEK HOLLA, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS TO BAN THE SALE OF LIQUOR IN KARNATAKA FOR TWO DAYS I.E., ON 31.12.2017 AND ON 01.01.2018.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE ACTING CHIEF JUSTICE MADE THE FOLLOWING:
O R D E R Ag.CJ (Oral):
1. This writ petition is filed as a cause in public interest and the petitioner is seeking for a ban on the sale of liquor in Karnataka for two days on 31.12.2017 and 01.01.2018 to prevent untoward incidents during new year celebrations on the aforesaid two days. In the petition, the petitioner has stated the reasons for such a ban.
2. Sri A.S.Ponnanna, learned Additional Advocate General appearing for the respondents along with Sri Vivek Holla, learned High Court Government Pleader assures us that all necessary steps will be taken by the Government for maintenance of law and order on 31.12.2017 and 01.01.2018 in the entire State including the city of Bangalore.
3. The learned Additional Advocate General has filed the affidavit of the Commissioner of Police, Bangalore City, which states that all necessary steps will be taken by the police to maintain the law and order in Bangalore City. The affidavit verbatim reads as follows:
“I, T.Suneel Kumar, son of T.Govinda Rajan, aged about 57 years, residing in Bangalore, do hereby solemnly affirm and state on oath as follows:
1. I am the Commissioner of Police of Bangalore City and I am competent to swear to this affidavit. I know the facts of the writ petition.
2. The Bangalore City Police are taking all the necessary steps to ensure that no untoward incident occurs in Bangalore on December 31, 2017 and January 1, 2018. In particular, the Bangalore City Police are taking the following steps to ensure that law and order is maintained:
a) All officers and men of Bangalore City Police (Civil & Traffic) will be on duty from 4.00 pm of 31.12.2017 to the early hours of 01.01.2018. The deployment will be as follows - including women police personnel
b) In addition to the above, about 1,000 members of KSRP and CAR striking parties will be kept ready and deployed as required.
c) Volunteers from Civil Defence Force will also be drawn to regulate the crowds.
d) Meetings will be held with the stakeholders, being the merchant associations and clubs in the respective areas, about the arrangements to be made on the New Year eve. There are about 715 CCTV Cameras functional in Bangalore City. Arrangements are being made to install about 200 additional CCTV Cameras in the places where there will be large gathering of people. Centralised monitoring system will be placed at the control room. Additional lighting arrangements will be made in consultation with BESCOM and organizers of events on the said dates.
e) Watch towers will be erected in MG Road and Brigade Road where large gathering of people is expected. Sky sentries will also be posted at strategic locations in MG Road and Brigade Road with a binoculars to monitor crowd movements and celebrations. Wherever such monitoring is required other than MG Road and Brigade Road, the necessary steps will be taken to ensure safety of the people.
f) Policemen in plainclothes (Mufti) will be posted in and around bars, pubs and other important places. They will be on the lookout for trouble makers.
g) Anti-Sabotage checks will be carried out using sniffer dogs and Bomb disposal squads.
h) The Counter terrorism commando force “Garuda” will be placed at strategic locations across Bangalore to attend any eventualities.
i) Reflective Jackets will be issued to men and officers deployed in sensitive areas. This will ensure that the police presence is visible at night time.
j) Mobile squads will be deployed to pick up and remove trouble mongers prior to or on the said dates. Preventive detention of Anti-Social elements will be carried out.
k) In every jurisdictional police station, regular Hoysalas and Pink Hoysalas will be deployed along with sufficient staff to ensure safety of the public in their respective jurisdictions. Pickets would also be set up to check and prevent untoward incidents.
l) Random checking using hand held metal detectors will be done by police personnel wherever required.
m) Patrolling in deserted/residential areas will be done to ensure that the people coming back from the New Year celebrations will not be put to inconvenience.
n) Awareness campaigns will be launched about the security measures taken in the city using the social, print and electronic media.
o) Elaborate arrangements have been made to regulate traffic in Bangalore City. Traffic Barricades will be erected to check over speeding, and special pickets will be posted to check drunk and driving. Cases will be booked against the persons who have violated the traffic rules.
p) Traffic on flyovers will be restricted to prevent celebrations and accidents.
q) In respect of the MG Road and Brigade Road area, entry will be restricted from 11pm on 31.12.2017 and the number of persons who will be allowed in the said area will also be regulated in accordance with the capacity of the said area.
r) Stringent action in accordance with law will be taken against the rule breakers and lawless elements.
It is humbly submitted that the above said actions/measures would be implemented by the police with the utmost care and caution.”
4. We are satisfied with the steps stated in the aforesaid affidavit for maintenance of law and order on 31.12.2017 and 01.01.2018 in Bangalore City. The affidavit is placed on record.
5. Government of Karnataka shall take all necessary steps required to maintain law and order in the State during new year celebrations on 31.12.2017 and 01.01.2018 to ensure that no untoward incident takes place during the celebrations.
Petition disposed of.
Sd/-
ACTING CHIEF JUSTICE Yn.
Sd/- JUDGE