Karnataka High Court
Sri B T Nayak S/O T S Nayak vs The Union Of India on 28 September, 2018
Author: R Devdas
Bench: R.Devdas
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF SEPTEMBER, 2018
BEFORE
THE HON' BLE MR.JUSTICE R.DEVDAS
WRIT PETITION NOS.13385-13401 OF 2010(GM-RES)
BETWEEN
1. SRI B. T. NAYAK
S/O T. S. NAYAK
AGED ABOUT 50 YEARS
MANAGING DIRECTOR
M/S. RAKSHA SECURITY &
ALLIED SERVICES
NO.213/A, 2ND FLOOR,
56TH CROSS,10TH MAIN,
4TH BLOCK, OPP: TO RAMACHANDRA
GROUND, RAJAJINAGAR,
BANGALORE-560010.
2. SRI. C. B. RAVINDRA
S/O C. BHYRA SHETTY
AGED ABOUT 47 YEARS
MANAGING DIRECTOR
CBR DETECTIVES PRIVATE LTD.,
NO. 174, 5TH MAIN, BCC LAYOUT
VIJAYANAGAR,
BANGALORE-560040.
3. SRI. PARAMASHIVAIAH
S/O VEERANNA
AGED ABOUT 42 YEARS
MANAGING DIRECTOR
CREATIVE AND FIDELITY MANAGEMENT
SOLUTIONS (INDIA) LTD.,
99, GANDHI BAZAR MAIN ROAD
BASAVANGUDI,
BANGALORE-560004.
4. SRI. A.M.K. RAJU
S/O OBUL RAJU
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AGED ABOUT 57 YEARS
MANAGING DIRECTOR
PROFESSIONAL SECURITY SERVICES
NO.15, PRASHANTHI NILAYA,
1ST MAIN CANARA BANK COLONY
ROAD, NEAR SKYLINE APARTMENTS,
CHANDRA LAYOUT,
BANGALORE-560072.
5. SRI. NAGARAJU
S/O C. D. KESHAV SINGH
AGED ABOUT 50 YEARS
PROPRIETOR,
AWAKE PLACEMENT SERVICES
NO.42/J, III FLOOR, MES ROAD
MRUTHYALAMMA NAGAR
BANGALORE-560054.
6. SRI. SRIDHAR
S/O H. MUNISWAMY
AGED ABOUT 45 YEARS
PROPRIETOR,
SILICON PLACEMENT SERVICES
NO.10, SECOND FLOOR,
40TH MAIN, I CROSS
RAGHAVA NAGARA,
N T LAYOUT
BANGALORE-560026.
7. SRI. PRAKASH
S/O CHANNABASAVAIAH
AGED ABOUT 45 YEARS
PROPRIETOR,
WISDOM SECURITY SERVICES
NO.106, 40 FEET ROAD,
WEST OF CHORD ROAD
RAJAJINAGAR,
BANGALORE-560010.
8. S SUBBA RAO
S/O C.N. SHIVASHANKARA RAO
AGED ABOUT 50 YEARS
PROPRIETOR, VANGUARDS
NO.262, I FLOOR,10TH CROSS
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I "N" BLOCK, RAJAJINAGAR
BANGALORE-560010.
9. SRI. D GOPAL
S/O DASAPPA
AGED ABOUT 35 YEARS
MANAGING DIRECTOR
G FORCE SECURITY &
ALLIED SERVICES
52/34, 30TH CROSS,
7TH BLOCK, JAYANAGAR
BANGALORE-560082.
10. COL. B. H. GANGADHAR
S/O B H HONNAPPA GOWDA
AGED ABOUT 63 YEARS
PARTNER
ALERT SECURITY & ALLIED SERVICES
NO. 1076, 5TH BLOCK,
RAJAJINAGAR
BANGALORE-560010.
11. SRI. T R DAYANANDA
S/O LATE RAJANNA
AGED ABOUT 34 YEARS
PROPRIETOR,
APPU DETECTIVE & SECURITY
SERVICES, "SHIVAKRUPA NILAYA"
GOPI SCHOOL ROAD,
MEENAKSHI NAGAR
KAMAKSHIPALYA,
BANGALORE-560079.
12. DR. KODUR VENKATESH
S/O K. RAMACHANDRA RAO
AGED ABOUT 48 YEARS
PROPRIETOR, ADVANCE GROUP
SECURITIES, 6TH "D" MAIN,
EAST END, 9TH BLOCK
JAYANAGAR,
BANGALORE-560069.
13. SRI. SHIVANNA GOWDA
S/O MUNIRE GOWDA
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AGED ABOUT 50 YEARS
PROPRIETOR,
V. V. ASSOCIATES
NO.185, BAPUJI LAYOUT
BANGALORE-560040.
14. SMT. JAYALAKSHMI S
W/O SRINIVASAN
AGED ABOUT 48 YEARS
PROPRIETRIX,
JAYABHARAT SECURITY SERVICES
14, MURUTHAPPA GARDEN
26TH MAIN, 6TH PHASE,
KPJ NAGAR
BANGALORE-560078.
15. SRI. BALAKRISHNA
S/O NINGE GOWDA
AGED ABOUT 38 YEARS
PROPRIETOR,
CANON DETECTIVE & SECURITY
SERVICES, NO.11, 5TH MAIN,
7TH CROSS, AVALAHALLI,
(NEAR : PUSHPAK 10 LAST
BUS STOP) GIRINAGARA,
BANASHANKAR III STAGE,
BANGALORE-560085.
16. SRI. T R VENUGOPALA HEGDE
S/O K RAJAPPA SHETTY
AGED ABOUT 57 YEARS
PROPRIETOR
SHARK SECURITY & DETECTIVE
AGENCIES, NO.390, I FLOOR,
O. T. C. ROAD
BANGALORE-560053.
17. KARNATAKA SECURITY CONTRACTORS
WELFARE ASSOCIATION
213/A, 3RD FLOOR,
56TH CROSS, 10TH MAIN
4TH BLOCK, OPP: RAMAMANDIRA
GOUND,RAJAJINAGAR,
BANGALORE-560010
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REPRESENTED BY ITS
GENERAL SECRETARY
SRI. B T NAYAK.
... PETITIONERS
(BY SRI. B. C. PRABHAKAR, ADVOCATE)
AND
1. THE UNION OF INDIA
REPRESENTED BY ITS SECRETARY
MINISTRY OF HOME AFFAIRS
SARDAR PATEL BHAVAN
NEW DELHI-110 001.
2. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
HOME DEPARTMENT
VIDHANA SOUDHA
BANGALORE-560 001.
3. THE DEPUTY INSPECTOR GENERAL
OF POLICE,(INTERNAL SECURITY
DIVISION) & THE CONTROLLING AUTHORITY
UNDER THE CENTRAL, ACT NO. 29/2005
OFFICE OF THE D.G. & I.G. OF POLICE
NO.2, NRUPATHUNGA ROAD
BANGALORE-560002.
... RESPONDENTS
(BY SRI. T.S. MAHANTESH, AGA FOR R2 & R3
SRI. KUMAR GURU, CGC FOR R1)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA
PRAYING TO DECLARE AND STRIKE DOWN THE PRIVATE
SECURITY AGENCIES (REGULATION) ACT, 2005,
(CENTRAL ACT NO.29 OF 2005) AS UNCONSTITUTIONAL
AND ULTRA VIRES THE PROVISIONS INTERALIA OF
ARTICLES 14, 19 (1), AND 21 OF THE CONSTITUTION OF
INDIA VIDE ANNEXURE-A IN SO FOR AS PETITIONERS
CONCERNED.
THESE PETITIONS COMING ON FOR FINAL
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
R. DEVDAS J., (ORAL):
The petitioners are independent Contract Agencies engaged in providing security personnel services for attending to the watch and ward duties at various industrial and commercial establishments. The petitioners are before this Court challenging the notices issued by the Controlling Authority and Deputy Inspector General of Police (Internal Security Division), calling upon the petitioners to obtain licences under the Private Security Agencies (Regulation) Act, 2005 and the Karnataka Private Security Agencies Rules, 2008. The petitioners have also called in question, the vires of the rules framed by the Government of Karnataka in exercise of the power conferred by the sub-section (1) of Section 25 of the Private Security Agencies (Regulation) Act, 2005. The main contention of the petitioners is that the impugned draft rules were required to be published and objections were required to be called for from the general public before bringing the Rules into force.-7-
2. Learned Additional Government Advocate has placed on record an affidavit of the Additional Chief Secretary to Government, Home Department which is dated 27.09.2018. The Additional Chief Secretary has admitted to the position that the draft rules were not published and objections were not called for, before bringing the Rules into force. In the affidavit, the Additional Chief Secretary has also sought liberty to the State Government to publish the draft rules calling upon the general public to file their objections and thereafter, re-enact the rules in accordance with law.
3. In view of the unconditional affidavit filed by the Additional Chief Secretary to the Government of Karnataka, the impugned notices are hereby quashed and set aside. All similar notices that were issued by the Controlling Authority as is produced at Annexure-C, be and are hereby quashed and set aside. Liberty is granted to the State Government to redo the process of framing the rules in accordance with law. The petitions are accordingly allowed in part. No order as to costs. -8-
4. In view of the disposal of the matter, interlocutory applications do not survive for consideration and are accordingly disposed of.
SD/-
JUDGE KLY/