Karnataka High Court
Sagayi International Resorts vs The State Of Karnataka on 11 August, 2017
Author: Vineet Kothari
Bench: Vineet Kothari
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IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 11th DAY OF AUGUST 2017
BEFORE
THE HON'BLE Dr.JUSTICE VINEET KOTHARI
WRIT PETITION No.24887/2017 (GM-POLICE)
BETWEEN:
SAGAYI INTERNATIONAL RESORTS
M. HOSAKOPPALU, WARD NO.35,
H N PURA ROAD,
HASSAN-573201.
REPRESENTED BY ITS MANAGING TRUSTEE
BY NAME H. Y. PANDURANGA
S/O H. M. YALAKKIGOWDA
AGED ABOUT 44 YEARS,
R/AT:- M. HOSAKOPPALU, WARD NO.35,
H. N.PURA ROAD,
HASSAN-573201. ... PETITIONER
(BY SRI GIRISH B. BALADARE, ADV.)
AND
1. THE STATE OF KARNATAKA
REP BY ITS SECRETARY,
HOME DEPARTMENT,
VIDHANA SOUDHA
BANGALORE-560 001
2. THE SUPERINDENT OF POLICE
HASSAN DISTRICT
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Sagayi International Resorts. Vs. The State of Karnataka & Others.
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HASSAN-573201
3. THE DEPUTY SUPERINTENDENT OF POLICE
HASSAN,
HASSAN DISTRICT -573201
4. THE CIRCLE INSPECTOR OF POLICE
HASSAN CITY CIRCLE,
HASSAN-573201
5. THE SUB INSPECTOR OF POLICE
EXTENSION POLICE STATION,
KUVEMPUNAGAR
HASSAN-573201. ... RESPONDENTS
(BY SMT PRATHIMA HONNAPURA, AGA FOR R1 TO R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING
TO DIRECTIONS OR ORDER TO THE RESPONDENTS
NOT TO INSIST THE PETITIONER TO OBTAIN ANY
LICENSE TO CARRY ON LAWFUL ACTIVITIES
INCLUDING THE RUMMY IN THE PREMISES OF THE
PETITIONER EITHER UNDER THE LICENSING AND
CONTROLLING OF PLACES OF PUBLIC AMUSEMENT
ORDER OR UNDER THE KARNATAKA POLICE ACT
AND NOT TO INTERFERENCE WITH THE
RECREATIONAL AND OTHER LAWFUL ACTIVITIES
CARRIED ON IN THE PETITIONER'S CLUB IN ANY
MANNER.
THIS WRIT PETITION COMING ON FOR
PRELIMINARY HEARING IN 'B' GROUP THIS DAY, THE
COURT MADE THE FOLLOWING:-
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Sagayi International Resorts. Vs. The State of Karnataka & Others.
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ORDER
Mr. Girish B Baladare, Adv. for Petitioner Smt. Prathima Honnapura, AGA for Respondents This petition has been filed by Sagayi International Resorts including a recreation club therein with the following prayers:-
"(i) Issue writ of Mandamus or any other appropriate writ, directions or order to the Respondents not insist the petitioner to obtain any license to carry on lawful activities including the Rummy in the premises of the petitioner either under the licensing and controlling of places of public amusement order or under the Karnataka Police Act and not to interference with the recreational and other lawful activities carried on in the petitioner in any manners in the interest of justice and equity.
(ii) Grant such other relief's as this Hon'ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity."
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4/132. From the perusal of the averments made in the petition and various such cases coming to this Court under Article 226 of Constitution of India by way of writ petition, this Court express its concern towards this kind of litigation placed on the Board of the Court in its extra-ordinary jurisdiction under Article 226 of Constitution of India for the alleged breach of fundamental and other legal rights of the petitioner Club and its members by the Police authorities of the State.
3. The State of Karnataka has enacted a separate Act for governing the functioning of the police within the State of Karnataka known as Karnataka Police Act, 1963.
4. This Court in similar circumstances, in other petitions filed by such Recreation Clubs, has already Date of Order 11-08-2017 W.P.No.24887/2017 Sagayi International Resorts. Vs. The State of Karnataka & Others.
5/13laid down Guidelines for both such Recreation Clubs as well as the Police Officials of the State.
5. One such order is placed before the Court in the case of The Shimoga City Club R. vs. The State of Karnataka in W.P.No.47218/2011 dated 19.12.2011, in which the Court has laid down the following guidelines to be followed by both the petitioner and other similar situated Recreation Clubs as well as the Police Officials of the State. Para 3 of the aforesaid order in the case of Shanthala Recreation Club vs. The State of Karnataka in W.P. No.54710/2016 dated 24.10.2016 is quoted below for ready reference:-
"3. The issue which has been raised in the instant 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:-
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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 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) Date of Order 11-08-2017 W.P.No.24887/2017 Sagayi International Resorts. Vs. The State of Karnataka & Others.7/13
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.
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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."
This writ petition is also disposed of in the aforesaid terms."
6. This Court in another recent decision in the case of Banker's Recreation Association & another vs. State of Karnataka and others in W.P.No.31193/2017, passed an order on 25.07.2017 that, in any case if such petitioner has any grievance against alleged illegal activities of any police officials of the State Government, they can certainly approach the Date of Order 11-08-2017 W.P.No.24887/2017 Sagayi International Resorts. Vs. The State of Karnataka & Others.
9/13State Police Complaint Authority headed by a Former Judge of High Court and assisted by other Senior officials of the State Government including one of them in the rank of Principle Secretary of the State Government to attend to such grievance of such citizens or petitioner or clubs or societies etc.
7. In that order, the Court relegated back the petitioner's Club to such Police Complaints Authority with the following observations:-
"The learned AGA has brought to the notice of the Court Section 20-C of the Karnataka Police Act, 1963 which is quoted below for ready reference:-
"20-C. State Police Complaints Authority - (1) The State Government Shall, by notification in the Official Gazette, constitute the State Police Complaints Authority consisting of five persons, namely:-
(i) one shall be the Chairman selected from among the panel of three retired High Court Date of Order 11-08-2017 W.P.No.24887/2017 Sagayi International Resorts. Vs. The State of Karnataka & Others.10/13
Judges recommended by the Chief Justice of High Court of Karnataka.
(ii) one member shall be from among the retired Civil Service who shall be an officer not below the rank of Principal Secretary to Government.
(iii) one member shall be from Civil Society. The Civil Society member shall be chosen by the State Government from amongst the panel of three names recommended by the Search Committee consisting of three persons nominated by the State Government one each representing the Human Rights Commission, the Karnataka Public Service Commission and the Lokayukta. The State Government shall appoint one of the members as the Chairman of the Search Committee and an officer not below the rank of Deputy Secretary to Government, Home Department as the converner of the Search Committee. The person in the panel shall be a person of repute who has rendered humanitarian service in the field of education, health, upliftment of the poor etc. and had not aligned himself with any political party or ideological group.
(iv) one women IPS Officer of not below the rank of Deputy Inspector General of Police; and Date of Order 11-08-2017 W.P.No.24887/2017 Sagayi International Resorts. Vs. The State of Karnataka & Others.
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3. From a bare reading of the said provision, it is clear that any person, a victim or any other person, if he has any grievance against the actions of the police officials of the State, they can approach the said Complaint Authority, which is headed by a former Judge of the High Court and other high power persons.
4. This Court does not appreciate the reason for the petitioners to approach this Court by way of present writ petition directly under Article 226 of the Constitution of India.
5. The present petition contains absolutely vague averments made in the writ petition that the police officials are disturbing the peace and living of the petitioners without any valid reason. No specific instance has been pointed out in the present petition as well.
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12/136. The petitioners can always avail their normal and ordinary remedy in the competent subordinate Courts below as well. In view of the effective forums already provided in the Karnataka Police Act and Code of Criminal Procedure, this Court is fully convinced that there is no justification for entertaining this petition under Article 226 of the Constitution of India."
8. The present petition also deserves to be disposed of in same terms, in both the aforesaid orders.
9. This Court is also of the opinion that such complaints raised before this Court under Article 226 of the Constitution of India may require investigation into various facts which are required to be established with cogent and relevant evidence. Such investigation of the facts and arriving at the findings of facts to grant relief to the petitioner, cannot be undertaken in writ jurisdiction.
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13/1310. Therefore, it is only appropriate and suitable for such petitioner, to follow the Guidelines quoted above as laid down by this Court and to approach the competent highest body for their redressal of grievance before the State Police Complaints Authority constituted under Section 20-C of the Karnataka Police Act, 1963.
11. Therefore, the present petition is also disposed of in same terms. No order as to costs.
Sd/-
JUDGE MH/-