M/S Om Sai Cultural Recreation ... vs The State Of Karnataka on 4 December, 2014

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Karnataka High Court

M/S Om Sai Cultural Recreation ... vs The State Of Karnataka on 4 December, 2014

Bench: S.Abdul Nazeer

                             1



IN THE HIGH COURT OF KARNATAKA AT BANGALORE

    DATED THIS THE 4th DAY OF DECEMBER, 2014

                          BEFORE

      THE HON'BLE MR.JUSTICE S.ABDUL NAZEER

      WRIT PETITION No.54711/2014 (GM-POLICE)

BETWEEN:

M/S. OM SAI CULTURAL
RECREATION ASSOCIATION,
NO.66/22/1, BASEMENT,
12TH CROSS, WILSON GARDEN,
LAKKASANDRA EXTENSION,
BANGALORE-560 027,
REPRESENTED BY PRESIDENT,
MR. GOVINDASWAMY,
S/O DASAGOWDA,
AGED ABOUT 40 YEARS.                  ... PETITIONER

      (BY SRI SWAMY. K., ADV.)


AND

1     THE STATE OF KARNATAKA,
      REPRESENTED BY ITS SECRETARY,
      HOME DEPARTMENT,
      VIDHANA SOUDHA,
      BANGALORE - 560 001,

2     THE COMMISSIONER OF POLICE,
      INFANTRY ROAD,
      BANGALORE-560 001.


3     THE DEPUTY COMMISSIONER OF POLICE
      CENTRAL DIVISION,
      BANGALORE-560 001.
                              2



4     THE ASSISTANT COMMISSIONER OF POLICE
      HALASOOR GATE POLICE STATION,
      BANGALORE-560 027.

5     THE INSPECTOR OF POLICE,
      WILSON GARDEN POLICE STATION,
      BANGALORE-560 027.                  ... RESPONDENTS

      (BY SRI VIJAYKUMAR.A.PATIL, HCGP)

                              ...
      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE
THAT THE PETITIONERS ASSOCIATIONS ARE NOT REQUIRED
TO OBTAIN A LICENCE          UNDER THE PROVISIONS OF
LICENSING & CONTROLLING OF PLACES OF PUBLIC
AMUSEMENT ORDER OR UNDER THE KARNATAKA POLICE ACT,
1963 TO CARRY ON RECREATIONAL AND OTHER LAWFUL
ACTIVITIES LIKE SKILL GAME, CHESS, CAROM, FANTASTIC III,
PLAYED WITH 3 DICE, DICE BALL, DART GAMES, ELECTRONIC
GAMES, TABLE TENNIS, CARDS [RUMMY] VIDEO GAMES,
SNOOKER, POOL GAMES, BILLIARDS, PING PANG JOKER
BONUS GAMES AND OTHER INDOOR AND OUTDOOR GAMES IN
THE PETITIONER CLUB PREMISES.

     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT PASSED THE FOLLOWING:


                        ORDER

Learned High Court Government Pleader is directed to take notice for the respondents.

2. Though the matter is listed for Preliminary Hearing, by consent of the learned Counsel for the parties, it is taken up for hearing. 3

3. I have heard the learned counsel for the parties.

4. The point in the issue is covered by the decision of this Court in W.P.No.30071/2014 dated 15-10-2014 (between The Media N Members Club vs. State of Karnataka and Others). In that case, this Court issued 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 4 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 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.

(viii) It is made clear that this order would not come in the way of the jurisdictional 6 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.

5. Learned High Court Government Pleader is permitted to file memo of appearance within a period of eight weeks from the date of receipt of a copy of this order. No costs.

Sd/-

JUDGE Nsu/-

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