In these contempt proceedings concerning the alleged willful disobedience of a single judge order regulating club activities and police monitoring, the court found that the respondents provided an affidavit confirming compliance with judicial directions.
Contempt proceedings closed; no order against the accused herein.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:11027-DB CCC No. 97 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2024
PRESENT
THE HON'BLE MR. N.V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE KRISHNA S. DIXIT CCC NO. 97 OF 2024 (CIVIL)
BETWEEN:
Digitally signed by VASANTHAKUMARY B K Location: HIGH COURT OF KARNATAKA
…COMPLAINANT
(BY SRI RAJASHEKAR B G, ADVOCATE)
AND:
VIDHANA SOUDHA
BANGALORE - 560 001
… PRO FORMA RESPONDENT
BANGALORE – 560 001
…ACCUSED
(BY SRI S S MAHENDRA, GOVERNMENT ADVOCATE)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 READ WITH ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO FIND THE RESPONDENTS/ACCUSED GUILTY OF CONTEMPT OF COURT FOR WILLFUL DISOBEDIENCE OF THE ORDER PASSED BY THIS COURT DATED 06.10.2023 IN W.P. NO. 21703/2023 MARKED AT ANNEXURE-A AND PUNISH THEM WITH IMPRISONMENT AS PER THE CONTEMPT OF COURTS ACT.
THIS CCC COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
In the writ petition where the dispute was with regard to obtaining of licence by the petitioner in relation to the recreation activities it has been carrying on, learned Single Judge issued the following directions,
“(a) 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 at least prior 15 days’ period shall be made available by the petitioner, to the police, as and when called upon to do so.
(b) 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.
(c). 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, except games of skills.
(d) 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.
(e) 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.
(f) The respondents are directed not to interfere with the lawful recreational activities carried on by the members of the petitioner – Club/Association.
(g) 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.”
compliance of the directions of learned Single Judge.
Sd/CHIEF JUSTICE
Sd/-
JUDGE
BKV List No.: 1 Sl No.: 23
2 issues framed by the court
Whether the accused are guilty of contempt for compliance with single judge directions regarding police inspections
Whether to grant punishment for alleged willful disobedience of the court order in W.P. No. 21703/2023
3 provisions across 3 enactments
The State of Karnataka
N.V. Anjaria
Krishna S. Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
