IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2019 BEFORE THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.43018/2019(GM-POLICE) BETWEEN:
SRI. VISHWA VINAYAKA SPORTS AND CULTURAL ASSOCIATION, MARUTI ARCADE, NO.1159-17-A1-2, 4TH FLOOR, BEHIND RELIENCE PETROL BUNK, INDUSTRIAL SUBURB, 2ND STAGE, YESHWANTHPURA, BANGALORE-560022.
REPRESENTED BY ITS SECRETARY SRI. RAVI.
(BY SRI ARUN K.S., ADVOCATE) AND:
1 . THE STATE OF KARNATAKA BY ITS SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BANGALORE-560001.
...PETITIONER 2 . THE COMMISSIONER OF POLICE INFANTRY ROAD, BANGALORE.-560001.
3 . THE ADDITIONAL COMMISSIONER OF POLICE (CRIME) BANGALORE CITY, BANGALORE-560001.
4 . THE ADDITIONAL COMMISSIONER OF POLICE (LAW AND ORDER) BANGALORE CITY, BANGALORE-560001.
5 . THE JOINT COMMISSIONER OF POLICE (CRIME) BANGALORE CITY, BANGALORE-560001.
6 . THE JOINT COMMISSIONER OF POLICE (LAW AND ORDER) BANGALORE CITY, BANGALORE-560001.
7 . THE DEPUTY COMMISSIONER OF POLICE (NORTH) BANGALORE CITY, BANGALORE-560001.
8 . THE DEPUTY COMMISSIONER OF POLICE (CRIME) BANGALORE CITY, BANGALORE-560001.
9 . THE ASSISTANT COMMISSIONER OF POLICE YESHWANTHPURA SUB-DIVISION, BANGALORE-560020.
10 . THE ASSISTANT COMMISSIONER OF POLICE THE CITY CRIME BRANCH, COTTONPET MAIN ROAD, BANGALORE-560020.
11 . THE CIRCLE INSPECTOR OF POLICE RMC YARD POLICE STATION, BANGALORE-560020.
12 . THE INSPECTOR OF POLICE RMC YARD POLICE STATION, BANGALORE-560020.
…RESPONDENTS (BY SRI M. VINODKUMAR, AGA) **** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE PETITIFONER-ASSOCIATION IS REGISTERED AS PER ANNEXURE-B IS NOT REQUIRED TO OBTAIN ANY PERMISSION OR LICENSE UNDER THE PROVISIONS OF LICENSING AND CONTROLLING OF PLACES OF THE PUBLIC AMUSEMENT ORDER.
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 a writ of mandamus declaring that the petitioner-Association is not required to obtain any permission or license under the provisions of the Licensing and Controlling of Places of the Public Amusement Order and to direct the respondents not to interfere with the recreational activities carried on by the members of the petitioner Association.
2. 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 outdoor and indoor games like rummy (card games), chess, carom, billiards/snooker skilled games, wall coin games, Q game, Dart game, wall game, poker game, fantastic three (three dise), six colour pin game, target skill ball, wall ball, coin games, pools, cricket, dots, valley ball, hockey skilled games, badminton, tennis, poker, computer internet, motor sports, cycling race, video games, body building sports (except betting) etc. 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. I have heard the learned counsel for the parties to the lis.
4. Sri K.S.Arun, 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 Additional 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 kcm