M/S Navarang Association vs The State Of Karnataka on 9 September, 2015

[Cites 4, Cited by 7]

Karnataka High Court

M/S Navarang Association vs The State Of Karnataka on 9 September, 2015

Bench: A.S. Bopanna

                          1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 9TH DAY OF SEPTEMBER, 2015

                        BEFORE

         THE HON'BLE MR. JUSTICE A.S. BOPANNA

       WRIT PETITION NO. 38068/2015 (GM-POLICE)


BETWEEN:

M/S. NAVARANG ASSOCIATION
OLD NO.29/A, NEW NO.115/1
2ND FLOOR, 9TH MAIN, 4TH BLOCK
JAYANAGAR, BANGALORE - 560 001
REP. BY SECRETARY
S KUMAR
                                       ... PETITIONER

(BY SRI: RAJU S, ADV)


AND:

1.     THE STATE OF KARNATAKA
       REPRESENTED BY ITS SECRETARY
       HOME DEPARTMENT
       VIDHANA SOUDHA
       BANGALORE - 560 001

2.     THE COMMISSIONER OF POLICE
       INFANTRY ROAD
       BANGALORE - 560 001

3.     THE DEPUTY COMMISSIONER
       OF POLICE, CITY CRIME BRANCH
       ROYAN CIRCLE, N T PET
       BANGALORE - 560 001
                          2



4.   THE DEPUTY COMMISIONER OF POLICE
     SOUTH DIVISION
     BANGALORE - 560 011

5.   THE ASSISTANT COMMISSIONER OF POLICE
     JAYANAGAR SOUTH SUB-DIVISION
     JAYANAGAR
     BANGALORE - 560 011

6.   THE INSPECTOR OF POLICE
     JAYANAGAR POLICE STATION
     JAYANAGAR
     BANGALORE - 560 011

7.   THE SUB INSPECTOR OF POLICE
     JAYANAGAR POLICE STATION
     JAYANAGAR, BANGALORE - 560 011

                                     ... RESPONDENTS

(BY SRI: VIJAYAKUMAR A PATIL, AGA)


     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THAT THE PETITIONER ASSOCIATIONS ARE A
LICENSE UNDER THE LIVENSING AND CONTROLLING OF
PLACES OF PUBLIC AMUSEMENT ORDER, OR UNDER THE
KARNATAKA    POLICE   ACT,   1963  TO   CARRY    ON
RECREATIONAL AND OTHER LAWFUL ACTIVITIES LIKE
CHESS, CARROM, FANTASTIC-III, PLAYED WITH 3 DICE,
DICE BALL, DART GAMES, WALL GAMES, ELECTRONIC
POKER GAMES, ELECTRONIC COIN GAMES TABLE TENNIS,
CARDS (RUMMY), VIDEO GAME, POKER, SNOOKER, POOL
GAME, BILLIARDS, PING PANG, JOKER BONUS GAMES AND
OTHER INDOOR AND OUTDOOR GAMES IN THE PETIITON
SCHEDULE PREMISES AND ETC.,

     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT PASSED THE FOLLOWING:
                                   3



                               ORDER

Learned Government Advocate to accept notice for respondents No.1 to 7 and file memo of appearance in four weeks.

2. The petitioner is before this Court seeking for issue of mandamus or any other appropriate writ in the manner as has been sought in the petition. 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 (between 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 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 4 produced by the member(s), when called upon by the police, during the raid(s) and surveillances 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.

(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 5 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 indulged in any unlawful or immoral activities."

This writ petition is also disposed of in the aforesaid terms.

Sd/-

JUDGE *bgn/-

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