M/S Aum Association vs The State Of Karnataka on 9 June, 2017

[Cites 5, Cited by 1]

Karnataka High Court

M/S Aum Association vs The State Of Karnataka on 9 June, 2017

Bench: A.S.Bopanna

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 9th DAY OF JUNE, 2017

                       BEFORE

       THE HON'BLE MR. JUSTICE A.S.BOPANNA

     WRIT PETITION NO.24699/2017(GM-Police)

BETWEEN :

M/s.Aum Association,
No.13, Shop No.1
Ground Floor,
Prashanth Hotel Complex,
Gandhibazar,
Bangalore - 560 004
Rep. by its President
S.S.Shivaprasad
S/o.Sithashivan,
Aged about 40 years.                ...PETITIONER

      (By Sri.Swamy K., Adv.)

AND :

1.    The State of Karnataka,
      Rep. by its Secretary,
      Home Department,
      Vidhana Soudha,
      Bangalore - 560 001.

2.    The Commissioner of Police,
      Infantry Road,
      Bangalore - 560 001.
                           -2-


3.   The Deputy Commissioner of Police,
     South and Circle Police Station,
     Jayanagara, Bangalore-560 004.

4.   The Assistant Commissioner of Police,
     South and Circle Police Station,
     Jayanagara, Bangalore - 560 004.

5.   The Inspector of Police,
     Basavanagudi Police Station,
     Bangalore - 560 004.            ...RESPONDENTS

     (By Smt.Prathima Honnapura, AGA)
                      . . . .


      This writ petition is filed under Articles 226 and
227 of the Constitution of India praying to direct the
respondents not to insist upon the petitioner to obtain
license for the play of skill games such as like Sill
Game, Chess, Carom, Fantastic - III, played with 3 Dice,
Dice Ball, Dart Games, Table Tennin, Card (Rummy)
Poker, Snooker, Pool Games, Billiards, Ping Pang, Joker
Bonus Games and other indoor and outdoor games for
the benefit of its Members and also social service and
etc., being run under the name and style of M/s.Aum
Association No.13, Shop NO.1, Ground Floor, Prashanth
Hotel Complex, Gandhibazar, Bangalore - 560 004,
either under the Karnatake Police Act under the
Licensing and Controlling of the Place of Public
Amusement Order, Bangalore City.


      This writ petition coming on for preliminary
hearing, this day, the Court made the following:
                            -3-



                         ORDER

Learned Government Advocate to accept notice for respondents No.1 to 5 and file memo of appearance in four weeks.

2. The petitioner is before this Court seeking for issue of mandamus or any other appropriate writ in the manner as has been sought in the petition.

3. The issue which has been raised in the instant petition has already been considered by this Court in W.P.No.30071/2014 dated 15-10-2014 (The Media N Members Club vs. State of Karnataka and Others) wherein the petition was 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 games(s) is / are played by the members. The CC TV footage of at least prior 15 days' period -4- 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 -5- 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 game(s) played is 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.

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(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."

This writ petition is also disposed of in the aforesaid terms.

Sd/-

JUDGE SPS

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