IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2019 BEFORE THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.52242/2019(GM-POLICE) BETWEEN:
M/S VEERAKESARI SPORTS AND CULTURAL ASSOCIATION NO.398/A, G.V.TOWER, OPP: SUB-REGISTRAR OFFICE, KENGERI, MYSORE ROAD, BANGALORE-560060 REPRESENTED BY ITS PRESIDENT SRI RAVIMURTHY ...PETITIONER (BY SRI RAJU S., ADVOCATE) AND:
1 . THE STATE OF KARNATAKA REP. BY ITS SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BANGALORE-560001 2 . THE COMMISSIONER OF POLICE BENGALURU CITY, INFANTRY ROAD, BANGALORE-560001 3 . THE DEPUTY COMMISSIONER OF POLICE, WEST DIVISION, UPPARPET, BANGALORE-560009 4 . THE ASSISTANT COMMISSIONER OF POLICE KENGERI GATE, MYSORE ROAD, BANGALORE-560016 5 . THE ASSISTANT COMMISSIONER OF POLICE THE CITY CRIME BRANCH, ROYAN CIRCLE N T PET, BANGALORE-560001 6 . THE CIRCLE INSPECTOR OF POLICE KENGERI POLICE STATION, KENGERI, BENGALURU-560016 …RESPONDENTS (BY SRI M. VINODKUMAR, AGA) … THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE RESPONDENT POLICE HAVE NO AUTHORITY TO INSIST THE PETITIONER TO OBTAIN PERMISSION OR LICENSE AS REQUIRED UNDER SEC.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 OUTDOOR GAMES ARE CONCERNED TO CARRY ON RECREATIONAL AND OTHER LAWFUL ACTIVITIES LIKE RUGBY, KABBADI, FANTASTIC THREE VIDEO GAMES, CRICKET, HOCKEY VAOLOY-BALL, WALL GAME, WALL BALL COMPUTERS GAME, POKER, TABLE TENNIS, DARTS GAME, PING PONG BALL GAME, RECREATION AND OTHER ALL SKILLED GAMES EXCEPT GAMBLING, SPOTS, ADVENTURE PROGRAMMERS, SOCIAL EDUCATIONAL CULTURAL AND RECREATIONAL ACTIVITIES AND CONDUCT TALUK DISTRICT AND STATE LEVER MOTOR RACE CHESS, CARROM, FANTASTIC III PLAYED WITH 3 DICE BALL, DART GAMES ELECTRONIC CONT GAMES TABLE TENNIS CARDS (RUMMY) SNOOKER POOL GAME, BILLIARDS, JOKER BONUS GAMES SIX COLOUR SKILL GAME AND OTHER INDOOR AND OUTDOOR GAMES IN THE SCHEDULE PREMISES. ETC.
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 to declare that the respondent-Police have no authority to insist the petitioner to obtain permission or license as required under Sections 79 and 80 of the Karnataka Police Act, 1963 as such, the interference to be declared as illegal and invalid and by declaring that the permitted indoor and outdoor games are concerned, to carry on recreational and other lawful activities like Rugby, Kabaddi, Fantastic Three Video Games, Cricket, Hockey, Volley-Ball, Wall Game, Wall Ball, Computers Game, 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, plying 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 Writ Petition Schedule Premises.
2. It is contended by the petitioner that it is an Association registered under the Karnataka Societies Registration Act, 1960. The aims and objectives of the Association are to provide recreation and entertainment such as conducting outdoor and indoor games like Rugby, Kabaddi, Fantastic Three Video Games, Cricket, Hockey Volley Ball, Wall Games, Wall Ball, Computer Games, Poker, Table Tennis, Dart Games, Ping Pong Ball Game, Recreation and all Other Skilled Games except Gambling, Sports, Adventure Programmers, Social, Educational, Cultural and Recreational Activities and Conduct Taluk, District and State Level Motor Race, Social Service and 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 Raju S., 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 AGA., 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 they 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 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.
(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.
Nsu/-
Sd/- Judge