IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF MAY 2017 BEFORE THE HON'BLE MR. JUSTICE B.VEERAPPA WRIT PETITION NO.21838/2017 (GM-POLICE) Between Veerakesari Sports & Cultural Recreation Association # 1373-C, III Floor, Opposite Prasad Petrol Bunk, B.M. Road Ijoor, Ramanagara Town Ramanagara District PIN: 562 151.
Rep. by its Secretary Yaduraiah.
(By Sri. Sagar., Advocate) And 1. State of Karnataka Rep. by its Secretary Home Department Vidhana Soudha Bengaluru – 560 001.
2. The Superintendent of Police Ramanagara District Ramanagara – 571 511.
... Petitioner 3. The Deputy Superintendent of Police Ramanagara District Ramanagara – 571 511.
4. The Circle Inspector of Police Ijoor Police Station Ramanagara – 571 511.
5. The Sub-Inspector of Police Ijoor Police Station Ramanagara – 571 511.
... Respondents.
(By Sri. Y.D. Harsha., AGA for Respondents) This writ petition is filed under Articles 226 & 227 of the Constitution of India praying to direct the respondents not to interfere in running the recreation club and to close the same and allow the members to play Snooker, Carom, Chess, Rummy, etc., and other skill games in the schedule premises either under Karnataka Police Act or under Licensing and Controlling of Places of Public Amusement.
This writ petition coming on for Preliminary Hearing this day, the Court made the following:
ORDER Learned Additional Government Advocate is directed to take notice for respondent Nos.1 to 5.
2. The petitioner-Association has filed this writ of mandamus to direct the respondents not to interfere with the petitioner-Association in running the Recreation Club and to close the same and allow the members to play Snooker, Carom, Chess, Rummy, etc., and other skill games in the schedule premises either under Karnataka Police Act or under Licensing and Controlling of Places of Public Amusement contending that the petitioner- Association is registered under the provisions of the Karnataka Societies Registration Act, 1960. The respondents-police have insisted the petitioner-Association to close the Recreation Club. Therefore, the petitioner-Association is before this Court for the relief sought for.
3. Sri. Sagar, learned counsel for the petitioner reiterating the grounds urged in the writ petition has contended that the respondents are unnecessarily interfering with the petitioner-Association who are running the Recreation Club in accordance with law, playing only indoor games of skill by allowing the members of the petitioner-Association and they are not indulging in any illegal activities. Therefore, he has sought for allowing the writ petition.
4. Per contra, Sri. Y.D. Harsha., learned Additional Government Advocate for respondents submits that if the petitioner-Association is running the Recreation Club in accordance with law, the respondents would never interfere with the same. Only if the petitioner-Association are indulging in any illegal activities, the respondents police will have to take action in accordance with law in order to maintain law and order. He also submits that in an identical circumstance, this Court in the case of The Media N. Members Club Vs. State of Karnataka and others, vide order dated 15.10.2014 made in W.P.No.30071/2014, has disposed of the matter with certain directions.
5. Having heard the learned counsel for the parties to the lis and taking into consideration the rival contentions urged, the present writ petition is disposed of with the following directions:
“(i) The petitioner shall install 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 within a period of six weeks. 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/are played in any unlawful manner by the member(s). If the police find that game(s) played is/are 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 is/are found to have indulged in any unlawful or immoral activities.”
Ordered accordingly.
Sd/- JUDGE DL