Allowed

Friends Social Club v. the State of Karnataka

Karnataka HC20 Jun 2019WP/110616/2019

Case brief

AI extract

What is this about?

High Court of Karnataka disposed of a writ petition filed by a social club seeking direction not to obtain a license. The court granted relief directing the club to install CCTV, issue ID cards, restrict gaming of chance, and allow police visits while prohibiting respondents from interfering with lawful activities.

What did the court decide?

Respondents directed not to interfere with lawful activities of the petitioner club; petitioner directed to install CCTV, issue ID cards, prohibit games of chance, and permit police visits.

Friends Social Club Vs the State of Karnataka — Service and Employment | Karnataka HC (2019)

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 20^TH DAY OF JUNE, 2019

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BEFORE

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THE HON’BLE MR.JUSTICE S.G. PANDIT

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WRIT PETITION NO.110616/2019 (GM-POLICE)

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BETWEEN: FRIENDS SOCIAL CLUB, BEEDI, TQ: KHANAPUR, DIST: BELAGAVI-591 106, R/BY ITS SECRETARY, SRI.RAMACHANDRA S/O YENKAPPA BENNUR, AGE: 62 YEARS, OCC: SOCIAL WORKER, R/O: KAKKERI, TQ: KHANAPUR, DIST: BELAGAVI-591 106. …PETITIONER (BY SRI.S.L.MATTI, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, R/BY SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560 001.

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THE SUPERINTENDENT OF POLICE, BELAGAVI, DIST: BELAGAVI-590 001.

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DEPUTY SUPERINTENDENT OF POLICE, BAILHONGAL, DIST: BELAGAVI-591 102.

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THE CIRCLE POLICE INSPECTOR, BEEDI, TQ: KHANAPUR, DIST: BELAGAVI-591 106.

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THE POLICE SUB INSPECTOR, BEEDI, TQ: KHANAPUR, DIST: BELAGAVI-591 106.

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…RESPONDENTS

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(BY SRI.RAVI V HOSAMANI, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS BY DIRECTING THE RESPONDNET AUTHORITIES NOT TO INSIST THE PETITIONER CLUB TO OBTAIN LICENCE UNDER THE RELEVANT LICENSING ORDER/S OF THE STATE GOVERNMENT OR UNDER THE KARNATAKA POLICE ACT 1963.

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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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The petitioner is seeking direction to the

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respondents not to interfere with the activities of their recreation club.

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Sri S.L.Matti, learned counsel for the

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petitioner would submit that similar petitions are disposed of by this Court in W.P. Nos.

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100446-450/2014 and 100451/2014 dated 22.01.2014.

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Sri Ravi V. Hosamani, learned AGA does not dispute the said submission.

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In view of the above, the writ petition is disposed of with the following terms.

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(i) The petitioner shall install within a period of six weeks, CC TV Camera at all the places of access to 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.

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(ii) The petitioner shall issue identity cards to all its members, which shall be produced by

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the member(s), when called upon by the

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police, during the raid(s), surveillance, etc.

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(iii) The petitioner shall not allow any nonmember(s) or the guest(s) of the member(s) to make use of its premises for the purpose of playing any kind of games or recreational activities.

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(iv) The petitioners 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) and 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.

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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

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played in any unlawful manner by the

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member(s). If the Police finds that the game(s) played is/ are contrary to any law and in violation of the settled practice, it is

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open to them to take action against the petitioners and the offenders, in accordance with law.

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(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 petitioners’ 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.

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(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

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taking action in accordance with law, if the member(s) of the petitioner is / are found to have indulged in any unlawful or

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immoral activities.

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No order as to costs.

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Sd/JUDGE

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Friends Social Club v. the State of Karnataka

Case brief

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What did the court decide?

Friends Social Club v. the State of Karnataka

Case brief

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