2014 (10) TMI 1068 - HC - Indian Laws

Requirement of obtaining of licence under the relevant Licensing Order/s of the State Government or under the Karnataka Police Act, 1963 - HELD THAT - Undisputedly, this writ petition is identical to CHELOORU MERCHANT AND OFFICIAL RECREATION VERSUS THE GOVERNMENT OF KARNATAKA HOME DEPARTMENT; THE COMMISSIONER OF POLICE, BANGALORRE; SUPERINTENDENT OF POLICE; DEPUTY SUPERINTENDENT OF POLICE; CIRCLE POLICE INSPECTOR; INSPECTOR OF POLICE CHICKABALLAPUR 2014 (10) TMI 1067 - KARNATAKA HIGH COURT where it was held that Regulatory mechanism is required, to check the illegal activities, if any, in the club(s) / association(s), registered as a society, under the Karnataka Societies Registration Act. When the club/association allows its member(s) to play games with stakes or make any profit or gain out of such games, police has the authority to invoke the provisions of the Act. 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. Petition disposed off.

Summary

Issues: Compliance with legal requirements for recreational club activities.

In this judgment delivered by the High Court of Karnataka, the court heard arguments from both the petitioner's advocate and the respondent's HCGP. The court noted that the current writ petition was identical to a previous case and all points raised were covered by the earlier order. Consequently, the court disposed of the current petition in similar terms as the previous case.

The court issued several directives to the petitioner, a recreational club or association. Firstly, the petitioner was instructed to install CCTV cameras at all access points and game areas within six weeks. The CCTV footage of the previous 15 days should be made available to the police upon request. Secondly, the petitioner was mandated to issue identity cards to all members for police verification during raids or surveillance.

Furthermore, the petitioner was prohibited from allowing non-members or guests to use the premises for recreational activities. The court also specified that members should not engage in amusement activities falling under specific legal definitions or play games of chance with stakes or profits. The petitioner was required to ensure that all games were played lawfully and that no unlawful activities took place on the premises.

Additionally, the jurisdictional police were granted the authority to visit the premises periodically or upon receiving reports of unlawful activities. The respondents were directed not to interfere with lawful recreational activities of the petitioner's members. However, it was clarified that the order did not prevent the police from taking legal action if any member was found engaging in unlawful or immoral activities.

Overall, the judgment focused on regulating the activities of the recreational club to ensure compliance with legal requirements and prevent any unlawful conduct by its members.