Karnataka High Court
M/S Rajeshwari Associates vs State Of Karnataka on 2 August, 2017
Author: Vineet Kothari
Bench: Vineet Kothari
1/12
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF AUGUST, 2017
BEFORE:
THE HON'BLE DR. JUSTICE VINEET KOTHARI
WRIT PETITION No.55707 of 2014 (GM-POLICE)
BETWEEN:
M/S. RAJESHWARI ASSOCIATES,
A RECREATION CLUB
REGISTERED UNDER THE SOCIETIES ACT,
HAVING ITS OFFICE AT NO.37,
AGRAHARA DASARAHALLI,
MAGADI MAIN ROAD,
BANGALORE - 560 040.
REPRESENTED BY ITS PRESIDENT,
SRI D.N. NIRANJAN,
S/O. D.M. NAGARAJ,
AGED 42 YEARS. ... PETITIONER
(BY SRI: N. RAVINDRANATH KAMATH, ADV.)
AND:
1. STATE OF KARNATAKA
BY VIJAYANAGARA POLICE STATION,
BANGALORE
REPRESENTED BY THE
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BANGALORE - 560 001.
2. STATE OF KARNATAKA
REPRESENTED BY THE SECRETARY
DEPARTMENT OF HOME,
GOVERNMENT OF KARNATAKA,
BANGALORE - 560 001.
Order dated: 02.08.2017 in WP No.55707/2014
M/s. Rajeshwari Associates Vs.
State of Karnataka & Ors.
2/12
3. DEPUTY CCOMMISSIONER OF POLICE (WEST),
UPPARPET POLICE STATION,
BANGALORE - 560 003.
4. ASSISTANT COMMISSIONER OF POLICE
VIJAYANAGAR,
BANGALORE - 560 040.
5. THE DEPUTY COMMISSIONER OF POLICE (CRIME),
OFFICE OF THE COMMISSIONER OF POLICE,
INFANTRY ROAD,
BANGALORE - 560 001.
6. THE COMMISSIONER OF POLICE,
OFFICE OF THE COMMISSIONER OF POLICE,
INFANTRY ROAD,
BANGALORE - 560 001.
7. ADDITIONAL DIRECTOR GENERAL OF POLICE,
CRIMINAL INVESTIGATION DEPARTMENT,
CARLTON HOUSE,
NO.1, PALACE ROAD,
BANGALORE - 560 001. ... RESPONDENTS
(BY SMT: PRATHIMA HONNAPURA, AGA FOR R-1 TO R-7)
*****
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO DECLARE THAT THE ORAL DIRECTION OF THE
RESPONDENTS TO CLOSE DOWN THE OPERATIONS OF
THE PETITIONER IS ILLEGAL, HIGH HANDED AND
OPPOSED TO THE PROVISIONS OF THE KARNATAKA
POLICE ACT AND THE CONSTITUTION OF INDIA AND
ETC.,
THIS WRIT PETITION COMING ON FOR
PRELIMINARY HEARING - 'B' GROUP, THIS DAY THE
COURT MADE THE FOLLOWING:
Order dated: 02.08.2017 in WP No.55707/2014
M/s. Rajeshwari Associates Vs.
State of Karnataka & Ors.
3/12
ORDER
This petition has been filed by M/s. Rajeshwari Associates, a recreation club with the following prayers:-
"(i) DECLARE that the oral direction of the Respondents to close down the operations of the Petitioner is illegal, high handed and opposed to the provisions of the Karnataka Police Act and the Constitution of India;
(ii) Issue a writ in the nature of mandamus directing the Respondent not to take any steps which would result in the closure, stoppage, suspension or shutting down of the activities of the Petitioner and to permit the Petitioner to open the club and carry out its recreational activities.
2. From the perusal of the averments made in the petition and various such cases coming to this Court under Article 226 of Constitution of India by way of writ petition, this Court express its concern towards this kind of litigation placed on the Board of the Court in its extra-
Order dated: 02.08.2017 in WP No.55707/2014 M/s. Rajeshwari Associates Vs. State of Karnataka & Ors.
4/12ordinary jurisdiction under Article 226 of Constitution of India for the alleged breach of fundamental and other legal rights of the petitioner Club and its members by the Police authorities of the State.
3. The State of Karnataka has enacted a separate Act for governing the functioning of the police within the State of Karnataka known as Karnataka Police Act, 1963.
4. This Court in similar circumstances, in other petitions filed by such Recreation Clubs, has already laid down Guidelines for both such Recreation Clubs as well as the Police Officials of the State.
5. One such order is placed before the Court in the case of The Shimoga City Club R. vs. The State of Karnataka in W.P.No.47218/2011 dated 19.12.2011, in which the Court has laid down the following guidelines to be followed by both the petitioner and other similar situated Recreation Clubs as well as the Police Officials of the State. Para 3 of the aforesaid order in the case of Shanthala Recreation Club vs. The State of Karnataka Order dated: 02.08.2017 in WP No.55707/2014 M/s. Rajeshwari Associates Vs. State of Karnataka & Ors.
5/12in W.P. No.54710/2016 dated 24.10.2016 is quoted below for ready reference:-
"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 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 Order dated: 02.08.2017 in WP No.55707/2014 M/s. Rajeshwari Associates Vs. State of Karnataka & Ors.
6/12member(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 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 Order dated: 02.08.2017 in WP No.55707/2014 M/s. Rajeshwari Associates Vs. State of Karnataka & Ors.
7/12and/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."
This writ petition is also disposed of in the aforesaid terms."
6. This Court in another recent decision in the case of Banker's Recreation Association & another vs. State of Karnataka and others in W.P.No.31193/2017, passed an order on 25.07.2017 that, in any case if such petitioner has any grievance against alleged illegal activities of any police officials of the State Government, they can certainly approach the State Police Complaint Order dated: 02.08.2017 in WP No.55707/2014 M/s. Rajeshwari Associates Vs. State of Karnataka & Ors.
8/12Authority headed by a Former Judge of High Court and assisted by other Senior officials of the State Government including one of them in the rank of Principle Secretary of the State Government to attend to such grievance of such citizens or petitioner or clubs or societies etc.
7. In that order, the Court relegated back the petitioner's Club to such Police Complaints Authority with the following observations:-
"The learned AGA has brought to the notice of the Court Section 20-C of the Karnataka Police Act, 1963 which is quoted below for ready reference:-
"20-C. State Police Complaints Authority - (1) The State Government Shall, by notification in the Official Gazette, constitute the State Police Complaints Authority consisting of five persons, namely:-
(i) one shall be the Chairman selected from among the panel of three retired High Court Judges recommended by the Chief Justice of High Court of Karnataka.
(ii) one member shall be from among the retired Civil Service who shall be an officer Order dated: 02.08.2017 in WP No.55707/2014 M/s. Rajeshwari Associates Vs. State of Karnataka & Ors.9/12
not below the rank of Principal Secretary to Government.
(iii) one member shall be from Civil Society. The Civil Society member shall be chosen by the State Government from amongst the panel of three names recommended by the Search Committee consisting of three persons nominated by the State Government one each representing the Human Rights Commission, the Karnataka Public Service Commission and the Lokayukta. The State Government shall appoint one of the members as the Chairman of the Search Committee and an officer not below the rank of Deputy Secretary to Government, Home Department as the converner of the Search Committee. The person in the panel shall be a person of repute who has rendered humanitarian service in the field of education, health, upliftment of the poor etc. and had not aligned himself with any political party or ideological group.
(iv) one women IPS Officer of not below the rank of Deputy Inspector General of Police; and
(v) the Additional General of Police (Grievance) nominated by the State Government Order dated: 02.08.2017 in WP No.55707/2014 M/s. Rajeshwari Associates Vs. State of Karnataka & Ors.
10/12as the Ex officio member and Member Secretary of the Authority".
3. From a bare reading of the said provision, it is clear that any person, a victim or any other person, if he has any grievance against the actions of the police officials of the State, they can approach the said Complaint Authority, which is headed by a former Judge of the High Court and other high power persons.
4. This Court does not appreciate the reason for the petitioners to approach this Court by way of present writ petition directly under Article 226 of the Constitution of India.
5. The present petition contains absolutely vague averments made in the writ petition that the police officials are disturbing the peace and living of the petitioners without any valid reason. No specific instance has been pointed out in the present petition as well.
6. The petitioners can always avail their normal and ordinary remedy in the competent subordinate Courts below as well. In view of the effective forums already provided in the Karnataka Police Act and Code of Criminal Order dated: 02.08.2017 in WP No.55707/2014 M/s. Rajeshwari Associates Vs. State of Karnataka & Ors.
11/12Procedure, this Court is fully convinced that there is no justification for entertaining this petition under Article 226 of the Constitution of India."
8. The present petition also deserves to be disposed of in same terms, in both the aforesaid orders.
9. This Court is also of the opinion that such complaints raised before this Court under Article 226 of the Constitution of India may require investigation into various facts which are required to be established with cogent and relevant evidence. Such investigation of the facts and arriving at the findings of facts to grant relief to the petitioner, cannot be undertaken in writ jurisdiction.
10. Therefore, it is only appropriate and suitable for such petitioner, to follow the Guidelines quoted above as laid down by this Court and to approach the competent highest body for their redressal of grievance before the State Police Complaints Authority constituted under Section 20-C of the Karnataka Police Act, 1963.
Order dated: 02.08.2017 in WP No.55707/2014 M/s. Rajeshwari Associates Vs. State of Karnataka & Ors.
12/1211. Therefore, the present petition is also disposed of in same terms. No order as to costs.
Sd/-
JUDGE Ksm*