2019 (11) TMI 1792 - HC - Indian Laws

Seeking direction to respondents not to insist for license under the Police Act or under the provisions of Licensing and Controlling of Places of Public Amusement order to not to interfere in the play of skill oriented games - HELD THAT - The present writ petition is disposed off 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 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. (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 nonmember (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 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. (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.

Summary

Issues:
1. Whether the petitioner Association is required to obtain a license under the Police Act or Licensing and Controlling of Places of Public Amusement?
2. Whether the respondent police have the authority to interfere with the functioning of the Association?
3. What directions should be given to ensure the lawful conduct of recreational activities by the petitioner?

Analysis:
1. The petitioner, an Association registered under the Karnataka Societies Registration Act, sought a direction to prevent the respondents from insisting on a license under the Police Act or the Licensing and Controlling of Places of Public Amusement. The petitioner argued that as an Association providing recreational facilities through skill-based games, they are not required to obtain any license. The petitioner requested relief from interference in their activities by the police.

2. The petitioner contended that they are engaged in legal recreational activities and not involved in any illegal conduct. The petitioner's counsel argued that the respondent police have no legal basis to interfere with the Association's activities. The respondent, represented by the Additional Government Advocate, assured that interference would only occur if the petitioner engages in illegal activities, with action taken in accordance with the law.

3. The High Court disposed of the writ petition by issuing specific directions to ensure the lawful conduct of recreational activities by the petitioner. The directions included installing CCTV cameras, issuing identity cards to members, restricting non-members' access, prohibiting games of chance or profit, ensuring lawful gameplay, allowing police visits, and directing non-interference by the respondents in lawful recreational activities. The order clarified that police could take action if unlawful or immoral activities were found, without hindering the lawful activities of the petitioner.

This judgment emphasizes the balance between ensuring lawful conduct of recreational activities by the petitioner Association and allowing police intervention in case of unlawful behavior, highlighting the importance of compliance with legal requirements and regulations in recreational settings.