Karnataka High Court
Shivashakthi Sports And Cultural ... vs The State Of Karnataka on 28 September, 2018
Author: B.V.Nagarathna
Bench: B.V.Nagarathna
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF SEPTEMBER, 2018
BEFORE:
THE HON'BLE MRS. JUSTICE B.V.NAGARATHNA
WRIT PETITION No.42643/2018 (GM - POLICE)
BETWEEN:
SHIVASHAKTHI SPORTS AND
CULTURAL ASSOCIATIONS
NO.18/B, NEW BEL ROAD
DEVASANDRA
BANGALORE-560094
REP. BY ITS SECRETARY
SHRI PARAMESHWARA S.J.,
S/O JAYARAMAIAH
AGED ABOUT 37 YEARS ... PETITIONER
[BY SRI N.M.HANDRAL, ADV.]
AND:
1. THE STATE OF KARNATAKA
REP BY ITS SECRETARY
HOME DEPARTMENT
VIDHANA SOUDHA
BENGALURU-560001
2. THE COMMISSIONER OF POLICE
INFANTRY ROAD, BENGALURU-560001
3. THE ADDITIONAL COMMISSIONER OF POLICE
(CRIME) BANGALORE CITY
BENGALURU-560001
4. THE ADDITIONAL COMMISSIONER OF POLICE
(LAW AND ORDER), WEST DIVISION,
2
BANGALORE CITY
BENGALURU-560001
5. THE JOINT COMMISSIONER OF POLICE
(CRIME), BANGALORE CITY
BENGALURU-560001
6. THE JOINT COMMISSIONER OF POLICE
(LAW AND ORDER), BANGALORE CITY
BENGALURU-560001
7. THE DEPUTY COMMISSIONER OF POLICE
NORTH DIVISION, BENGALURU-560001
8. THE DEPUTY COMMISSIONER OF POLICE(CRIME)
BANGALORE DIVISION
BENGALURU-560001
9. THE ASSISTANT COMMISSIONER OF POLICE
J.C.NAGAR SUB DIVISION
BENGALURU-560096
10. CIRCLE INSPECTOR OF POLICE
SANJAYNAGAR POLICE STATION
BENGALURU-560096
11. INSPECTOR OF POLICE
SANJAYNAGAR POLICE STATION
BENGALURU-560096 ...RESPONDENTS
[BY SRI VIJAYKUMAR A. PATIL, AGA.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT
THE RESPONDENTS AUTHORITIES NOT TO INSIST UPON THE
PETITIONER ASSOCIATION TO OBTAIN A LICENSE UNDER THE
PROVISIONS OF KARNATAKA POLICE ACT TO CONDUCT THE
SKILLED GAMES BY THE PETITIONER ASSOCIATION FOR ITS
MEMBERS TO PROMOTE OUTDOOR AND INDOOR GAMES LIKE
BOWLING ALLEY, SNOOKER, POOL, SHUTTLE COCK, SUDKO,
SKATING, RUMMY, FANTASTIC-3, SIX COLOURS PINGAME,
MOTOR RACING, CARROM, CHESS, BILLIARDS, FANTASTIC
THREE, VIDEO GAMES, CRICKET, HOCKEY, VALLEY BALL,
WALL GAME, COIN GAME, VIDEO GAMES, COMPUTER GAMES,
3
POKER, TABLE TENNIS, DART GAME, PING PONG BALL GAME
AND OTHER SKILLED GAMES, ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
Heard.
Issue notice to respondents. Learned Additional Government Advocate accepts notice for respondents.
Though this writ petition is listed for preliminary hearing, with the consent of learned counsel on both sides, it is heard finally.
2. Learned counsel for petitioner as well as learned Additional Government Advocate appearing for respondents submit that the order passed by this court in W.P.No.15788/18 disposed off on 8/6/2018 in the case of Deeksha Recreation Club v. The State of 4 Karnataka & Others, could be followed in this case also.
3. Submission of the learned counsel is placed on record.
4. The relevant portion of the said order reads as under;
"The issue which has been raised in the present 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 5 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 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.6
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 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 7 indulged in any unlawful or immoral activities.
Present writ petition is also disposed of in the aforesaid terms."
5. In view of the above, writ petition is disposed off in the aforesaid terms.
Learned Additional Government Advocate is permitted to file memo of appearance within four weeks from today.
Sd/-
JUDGE NC.