Karnataka High Court
Sai Recreation Club (Reg.) vs State Of Karnataka on 2 November, 2018
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 02ND DAY OF NOVEMBER 2018
BEFORE
THE HON'BLE MR.JUSTICE B.A.PATIL
W.P.NO.106298 OF 2018 (GM-POLICE)
BETWEEN
SAI RECREATION CLUB (REG.)
ATTIGERI, TQ. SHIGGAON, DIST. HAVERI
REPRESENTED BY ITS PRESIDENT
SRI. MALLIKARJUN SHANTAPPA KAMAREDDI
AGE.42 YEARS, R/O ATTIGERI,
TQ. SHIGGAON, DIST. HAVERI.
... PETITIONER
(BY SRI. LAXMAN T MANTAGANI, ADVOCATE)
AND
1. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
HOME DEPARTMENT, VIDHAN SOUDHA
DR. B.R. AMBEDKAR VIDHI,
BENGALURU.
2. THE SUPERINTENDENT OF POLICE,
HAVERI RURAL, HAVERI
DIST. HAVERI.
3. CIRCLE POLICE INSPECTOR
SHIGGAON POLICE STATION
SHIGGAON, DIST. HAVERI
... RESPONDENTS
(BY SMT. VEENA HEGDE, AGA)
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THIS WRIT PETITION UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA IS FILED PRAYING TO
ISSUE A WRIT OR MANDAMUS OR ANY OTHER
ORDERS/DIRECTION TO THE RESPONDENTS 2 AND 3,
DIRECTING NOT TO INSIST UPON THE PETITIONER
ASSOCIATON TO OBTAIN A LICENSE UNDER THE
PROVISIONS OF KARNATAKA POLICE ACT OR PREVENT
THE PETITIONER ASSOCIATION TO CONDUCT ITS LEGAL
ACTIVITIES.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The present writ petition has been filed by the petitioner praying this Court to issue a writ or mandamus or any other orders/direction to respondents No.2 and 3 directing them not to insist upon the petitioner association to obtain a licence under the provisions of Karnataka Police Act or prevent the petitioner association to conduct its legal activities.
2. I have heard the learned counsel for the petitioner and the learned Additional Government Advocate for respondents.
:3:
3. It is contended in the petition that the petitioner association is a registered association with various objects. The main object is to conduct skilled games and not games of chance. It is further submitted that initially the said club was started as recreation club, which was registered under the Societies Registration Act. Thereafter, on the intervention of the police authorities, the petitioner club approached this Hon'ble Court in W.P.No.108676/2015 and this Court by imposing certain conditions allowed the said writ petition, which is produced as per Annexure-A. It is submitted that the respondents are asking to obtain a license and re-insisting the same. It is further submitted that imposition of restriction by the respondent without issuing any notice in writing and without adhering to the orders of this Court, is illegal, arbitrary and against the principles of natural justice. It is further submitted that the respondents have not acted in a fair manner and they are intending to prevent the activities of the :4: association without due process of law. On these grounds, he prayed to allow the petition.
4. Per contra, the learned Additional Government Advocate submits that this Court in W.P.No.108676/2015, while allowing the petition has imposed certain conditions to be followed by the respondents and in accordance with the said conditions, the respondents are asking for license. She further submits that the present writ petition may be disposed of in terms of the conditions stipulated in the orders passed in W.P.No.108676/2015.
5. I have carefully and cautiously gone through the submissions made by the learned counsel for the petitioner as well as learned Additional Government Advocate appearing for the respondents and also gone through the documents.
6. By going through the documents, it is made clear that the present petitioner had filed writ petition :5: No.108676/2015 (GM-Police) and by an order dated 27.08.2015 said petition came to be disposed of in terms of following conditions;
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 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), 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 games 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 :6: 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 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 the 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's- 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 :7: accordance with law, if the member(s) of the petitioner is/are found to have indulged in any unlawful or immoral activities.
7. In condition No.8, it has been 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 licensee found to have indulged in any unlawful or immoral activities.
8. The respondent-police are directed to follow the guidelines, which have been issued in the said writ petition and with that observation, the present writ petition is disposed of.
Sd/-
JUDGE yan