Karnataka High Court
M/S. Media Club Of Karnataka vs State Of Karnataka on 2 November, 2018
Author: B.Veerappa
Bench: B.Veerappa
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 02ND DAY OF NOVEMBER, 2018
BEFORE
THE HON'BLE Mr.JUSTICE B.VEERAPPA
WRIT PETITION No.48770 OF 2018 (GM-POLICE)
BETWEEN:
M/S.MEDIA CLUB OF KARNATAKA,
A REGISTERED SOCIETY, HAVING ITS
OFFICE AT: OLD NO.475, NEW NO.66/1,
2ND AND 3RD CORSS, 7TH MAIN,
4TH BLOCK, JAYANAGAR,
BENGALURU - 560 011.
REPRESENTED BY ITS
GENERAL SECRETARY,
DR.A.RAJU. ...PETITIONER
(BY SRI BHARATH KUMAR.V., ADVOCATE)
AND:
1. STATE OF KARNATAKA THROUGH:
COMMISSIONER OF POLICE,
BENGALURU CITY,
INFANTRY ROAD,
BENGALURU - 560 001.
2. THE ADDITIONAL COMMISSIONER
OF POLICE, (LAW AND ORDER),
INFANTRY ROAD,
BENGALURU-560001.
3. DEPUTY COMMISSIONER OF POLICE,
SOUTH DIVISION,
BENGALURU - 560 100.
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4. DEPUTY COMMISSIONER OF POLICE,
CITY CRIME BRANCH,
BENGALURU - 560 009.
5. ASSISTANT COMMISSIONER OF POLICE,
JAYANAGAR SUB DIVISION,
BENGALURU - 560 100.
6. INSPECTOR OF POLICE,
JAYANAGAR POLICE STATION,
BENGALURU - 560 001.
7. ASSISTANT COMMISSIONER OF POLICE,
CITY CRIME BRANCH,
N.T.PET, BENGALURU - 560 018.
...RESPONDENTS
(BY SRI VIJAY KUMAR A.PATIL - 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 PLAYING GAMES OF SKILLS LIKE CAROM, CHESS,
CARDS (RUMMY), TABLE TENNIS, JOKER BONUS ETC.,
EITHER UNDER THE KARNATAKA POLICE ACT OR
UNDER THE LICENSING AND CONTROLLING OF
PLACES OF PUBLIC AMUSEMENT ORDER AND ETC.,
THIS WRIT PETITION COMING ON FOR
PRELIMINARY HEARING THIS DAY, THE COURT MADE
THE FOLLOWING:
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ORDER
The petitioner has filed the present writ petition praying for the following reliefs :-
a) Issue a Writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondents not to insist upon the petitioner to obtain license for playing games of skills like carom, chess, cards (rummy), Table Tennis, Joker Bonus, etc., either under the Karnataka Police Act or under the Licensing and Controlling of places of public amusement order;
b) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction declaring that the petitioner association is not required to obtain a license under the Licensing and Controlling of Places of Public Amusement Order, or under the Karnataka Police Act, 1963 to carry on recreational activity;
c) Issue a writ in the natue of mandamus or any other appropriate writ, order or direction declaring that the action of the respondents in interfering with the recreation activity in the Schedule Premises is highly arbitrary and illegal;
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d) Grant such other relief that this Hon'ble Court may deem fit in the facts and circumstances of the case..
2. It is the case of the petitioner that the petitioner-Association is a registered Association, registered under the provisions of Karnataka Societies Registration Act with an object to provide for its members, for the sake of recreation and upliftment of cultural values, planned various programmes like providing library and literary activities and also provides for playing of chess, carom, cards (rummy), table tennis, joker bonus, etc., Respondent Nos.6 and 7 are insisting the Petitioner-Association to run the Association under the provisions of Karnataka Police Act. Therefore, the petitioner is before this Court.
3. I have heard learned counsel for both the parties to the lis.
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4. Sri Bharath Kumar.V., learned counsel for the petitioner, reiterating the grounds urged in the petition, has contended that to run a Recreation club, there is no necessity to obtain the license under the provisions of Karnataka Police Act. Respondent Nos.6 and 7 are unnecessarily interfering with the day-to-day recreational activities of the petitioner's Association. Therefore, he sought to allow the petition.
5. Per contra, Sri Vijaykumar A.Patil, learned AGA for the respondents submits that the respondents have not interfered with the recreational activities of the Association and that they will take action only if any unlawful activities, contrary to the provisions of the Indian Penal Code or the Police Act or otherwise, are noticed by them in the petitioner's Association.
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6. The said submission is placed on record.
7. In view of the above, the 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 at least prior Fifteen 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 7 amusement, falling within the definition of Sections 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 any of the 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.8
(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.
No costs.
Sd/-
JUDGE dh