Karnataka High Court
Legend King Sports And Cultural ... vs State Of Karnataka on 9 November, 2018
Author: B.Veerappa
Bench: B. Veerappa
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 09TH DAY OF NOVEMBER, 2018
BEFORE
THE HON' BLE MR. JUSTICE B. VEERAPPA
WRIT PETITION No.49518/2018(GM-POLICE)
BETWEEN:
LEGEND KING SPORTS AND
CULTURAL ASSOCIATION
NO.205, 3RD CROSS,
3RD BLOCK, 3RD STAGE
BASAVESWARANAGAR
BANGALORE-560079.
REPRESENT BY ITS
PRESIDENT SRI SURESH,
AGED ABOUT 43 YEARS.
... PETITIONER
(BY SRI SHARATHKUMAR SHETTY, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
HOME DEPARTMENT
VIDHANASOUDHA
BANGALORE-560001.
2. THE COMMISSIONER OF POLICE
BANGALORE-560001
3. THE DEPUTY COMMISSIONER OF POLICE
BASAVESHWARANAGAR(WEST DIVISION)
BANGALORE-560079.
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4. THE ASSISTANT COMMISSIONER OF POLICE
VIJAYANAGAR SUB DIVISION
BANGALORE-560040
5. THE INSPECTOR OF POLICE
BASAVESHWARANAGAR POLICE STATION
BANGALORE-560087
6. THE ASSISTANT COMMISSIONER POLICE
THE CITY CRIME BRANCH
N T PET, BANGALORE-560002.
... RESPONDENTS
(BY SRI VIJAYKUMAR A PATIL, AGA)
......
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS NOT TO INSIST UPON THE PETITIONER TO
OBTAIN THE LICENSE TO CARYIN LAWFUL ACTIVITIES IN THE
PREMISES OF THE PETITIONER'S ASSOCIATION EITHER UNDER
THE PROVISIONS OF THE KARNATAKA POLICE ACT OR
LICENSE OF CONTROLLING OF PLACE OF PUBLIC AMUSEMENT
AND NOT TO INTERFERE IN THE PLAY OF SKILL FANTASTIC-3,
SIX COLOR GAME, CHESS, SNOOKER, RUMMY, POKER,
ELECTRONIC COIN GAMES, CAROM, BILLIARDS ETC., WHICH
ARE THE GAMES OF SKILL.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner in the above writ petition has sought for a writ of mandamus to direct the respondents not to insist upon the petitioner to obtain the licence to carry in lawful activities in the premises of 3 the petitioner's Association either under the Karnataka Police Act or under the license of Controlling of Place of Public Amusement and not to interfere in the play of Skill Fantastic-3, six color game, chess, snooker, rummy, poker, electronic coin games, Carom, billiards etc., which are the games of skill.
2. It is submitted that the fifth respondent issued oral notice to the petitioner to close the recreation and forcibly closed the petitioner's recreation Association. Therefore, writ petition came to be filed for the reliefs sought for.
3. I have heard the learned counsel for the parties to the lis.
4. Sri Sharath Kumar Shetty, learned counsel for the petitioner, reiterating the grounds urged in the writ petition has contended that the respondents have no manner of right in imposing restrictions on the members of the petitioner Association who are legally 4 carrying out the activities in accordance with law and therefore, sought to allow the writ petition.
5. Per contra, Sri Vijay Kumar A. Patil, learned Addl. Government Advocate, submits that the respondents will not interfere with the recreational activities of the petitioner, if conducted legally by the petitioner. Only if the petitioner indulges in illegal activities, then the respondents will take action in accordance with law.
6. It is the specific case of the petitioner that, petitioner is registered under the Societies Registration Act only with an intention to provide recreation to its members and respondents shall not unnecessarily interfere with the activities of the petitioner. The same is resisted by the learned Addl. Government Advocate.
7. In view of the above, the present writ petition is disposed of with the following directions: - 5
(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 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 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 6 (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 any of the game/s played is/are contrary to any law and in violation of the settled practice, it is open for 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. 7
(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. Ordered accordingly.
Sd/-
JUDGE kcm