Allowed

Nine Star Friends Association v. the Commissioner of Police

Karnataka HC5 Apr 2013WP/14356/2013

Case brief

AI extract

What is this about?

This writ petition challenged the police and registrar for interfering with the petitioner society's recreational activities. Relying on Section 226, the High Court of Karnataka directed respondents not to interfere with lawful games like Carrom and Chess, stipulating that action could only be taken if unlawful activities were indulged in.

What did the court decide?

Respondents directed not to interfere with lawful recreational activities; liberty to take action if unlawful activities are indulged; Writ Petition disposed of.

Nine Star Friends Association Vs the Commissioner… — Writ and Judicial Review | Karnataka HC (2013)

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IN THE HIGH COURT OF KARNATAKA AT BANGALORE

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DATED THIS THE 5TH DAY OF APRIL, 2013

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BEFORE

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THE HON'BLE MR.JUSTICE S ABDUL NAZEER

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WRIT PETITION NO.14356/2013 (GM-POLICE)

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BETWEEN:

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NINE STAR FRIENDS ASSOCIATION D.NO.23-1, KAPIKAD THOKKOTU PERMANNUR VILLAGE MANGALORE TQ D K DISTRICT, MANGALORE REPRESENTED BY ITS PRESIDENT MR EDWARD FERNANDES

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…PETITIONER

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(BY SRI.S.SHIVAKUMAR, ADVOCATE)

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AND:

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1 THE COMMISSIONER OF POLICE

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D K DISTRICT MANGALORE – 575 001.

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2 THE ASST COMMISSIONER OF POLICE PANDESHWARA MANGALORE, DK – 575 001.

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3 THE INSPECTOR OF POLICE ULLALA POLICE STATION MANGALORE, D K – 575 001.

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4 THE REGISTRAR OF SOCIETIES D K DIST MANGALORE – 575 001.

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…RESPONDENTS

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(BY SRI R.B.SATHYANARAYANA SINGH, HCGP)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF

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CONSTITUTION OF INDIA PRAYING TO DIRECT R-1,2 & 3 NOT TO INTERFERE WITH THE AFFIARS OF THE PETITIONER SOCIETY IN CONDUCTING THE GAME OF RECREATION SUCH AS CARROM, CHESS, RUMMY ETC., FOR THE BENEFIT OF ITS MEMBERS, BEING CARRIED ON IN ITS PREMISES & ALSO DIRECTING NOT TO RAID THE PREMISES OF THE PETITIONER ON SOME PRETEXT OR THE OTHER AND ETC.

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

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ORDER

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Learned HCGP is directed to take notice for the respondents.

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In this case, the petitioner has sought for an order directing the respondents not to insist upon it to obtain license to carry on lawful activities in its premises either under the Police Act, or under the Provisions of Licensing and Controlling of Places of Public Amusement Order and not to interfere in the play of skill oriented games like Rummy, Poker, Chess and Carrom, Coin Games, Wall Ball skill and other skill games and etc.

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The submission of the learned counsel for the petitioner is that no activity necessitating obtaining of

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license under the Licensing Order is carried on in the premises of the petitioner; that the activity of playing the games of Dart, Chess, Rummy, Snooker/Billiards and Carrom etc., are not in the nature of gambling activity or game of chance; that such games are not prohibited or regulated. Moreover, the place of the petitioner is not a public place and the entry is restricted only to the members of the petitioner-association and not to outsiders and accordingly there is no requirement on the part of the petitioner to obtain a license as contemplated under Clause-3 of the Licensing Order. Learned counsel for the petitioner has relied on an earlier decision of this Court rendered in WP No.11843 of 2006, decided on 9.11.2006 (between M/s.Shiva Association vs. State of Karnataka & others) and submits that on similar terms this petition may also be disposed of.

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Learned HCGP appearing for the respondents submits that the Police have not interfered and will not interfere with the lawful activities of the petitioner and they would take action only if the petitioner indulges in any unlawful activities. He further submits that the

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respondents will not insist the petitioner for license for such of the activities for which no license is required.

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I have carefully considered the arguments made by the learned counsel for the parties and perused the materials placed on record. The only complaint of the petitioner is that the respondents are interfering with the lawful activities carried on by it. Learned HCGP has denied the allegations made in the writ petition. Having regard to the facts and circumstances of the case, I am of the view that the respondents should not interfere with the lawful activities of the petitioner. At the same time, respondents should be permitted to take action according to law in case the petitioner indulges in any unlawful activity. On identical facts, this Court in Shiva’s case (supra) has restrained the respondents from interfering with the lawful activities of the petitioner.

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In the light of the above discussion, I pass the following order:-

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a) The respondents are directed not to interfere with the lawful recreational activities carried on by the

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members of the petitioner-Association.

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b) It is made clear that the respondents are at liberty to take any appropriate action according to law, if the petitioner indulges in any unlawful activity.

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The Writ Petition is disposed of accordingly.

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No costs.

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Sd/JUDGE

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Prs*

Nine Star Friends Association v. the Commissioner of Police

Case brief

What is this about?

What did the court decide?

Nine Star Friends Association v. the Commissioner of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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