IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 09th DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 624/2019 (GM-POLICE) Between:
M/S. Sumukha Sports and Cultural Association No.289/4612, Lakshmipura Road Madanayakanahalli, Bangalore Zone 1 Dasarahalli, Bangalore-562162 Rep. by its Secretary Sri. Shyamu P. ... Petitioner (By Sri. N. Guruprasad, Advocate) And 1. The State of Karnataka Rep. by its Secretary Home Department Vidhana Soudha Dr. Ambedkar Veedhi Bengaluru – 560 001.
2. The Superintendent of Police Bangalore Rural Bengaluru – 560078.
3. The Deputy Superintendent of Police Nelamangala Sub-Division – 560078.
4. The Police Inspector Madanayakanahalli Police Station Bengaluru – 560078. ... Respondents (By Sri. Vijaya Kumar A. Patel, AGA) This writ petition is filed under Articles 226 and 227 of the Constitution of India with a prayer to declare that the respondent police have no authority to insist the petitioner to obtain permission or license as required under Section 79 and 80 of the Karnataka Police Act 1963, as such as an interference is to be declared as illegal and invalid and by declaring that the permitted indoor and out door games are concerned to carry on recreational and other lawful activities like Rugby, Kabbadi, Fantastic three video games, Cricket, Hockey, Volley Ball, Wall Game, Wall Ball, Computer Games, Poker, Table Tennis, Darts Game, Ping Pong Ball game, recreation and other all skilled games except gambling, sports, adventure programmers, social, educational, cultural and recreational activities and conduct Taluk, District and State level motor race Chess, Carom, Fantastic III, played with 3 Dice Ball, Dart games, electronic coin games, Table Tennis, Cards (Rummy), Snooker, Pool game, Billiards, Joker bonus games, six colour skill game, and other indoor and outdoor games in the petition schedule premises and etc.
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 outdoor and indoor games like Rugby, Kabbadi, Fantastic three video games, Cricket, Hockey, Volley Ball, Wall Game, Wall Ball, Computer Games, Poker, Table Tennis, Darts Game, Ping Pong Ball game, recreation and other all skilled games except gambling, sports, adventure programmers, social, educational, cultural and recreational activities and conduct Taluk, District and State level motor race Chess, Carom, Fantastic III, played with 3 Dice Ball, Dart games, electronic coin games, Table Tennis, Cards (Rummy), Snooker, Pool game, Billiards, Joker bonus games, six colour skill game, 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.
5. 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.
6. 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 KA/-