2016 (6) TMI 1468 - HC - Indian Laws

Seeking clarification of certain conditions imposed by virtue of the impugned order - Bar on members of the petitioner s club from playing even any games of skill - HELD THAT - 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 - 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. Appeal allowed in part.

Summary

Issues:
1. Clarification of conditions imposed by the impugned order regarding club activities and games.

Analysis:
The judgment delivered by the High Court addressed the appeal seeking clarification on certain conditions imposed by the impugned order. The Court specifically focused on two main issues raised by the appellant. Firstly, the Court agreed to delete a condition from the order that prohibited club members from bringing guests to the club, which was permitted by the club's bylaws. Secondly, the Court clarified another condition that seemed to restrict club members from playing any games of skill. The Court explained that the condition should be read as allowing games of skill without stakes, thereby permitting such activities within the club premises.

Moving on to the operative part of the order, the Court outlined specific directives for the petitioner club to adhere to. The club was instructed to install CCTV cameras at all access points and gaming areas within six weeks and provide footage to the police upon request. Additionally, the club was mandated to issue identity cards to all members for identification during police checks or raids. The Court modified a condition that prohibited non-members or guests from playing games on the premises, deleting it based on a previous judgment.

Furthermore, the order prohibited club members from engaging in amusement activities falling under specific legal definitions and from participating in games of chance with stakes. However, an exception was made for games of skill without stakes, emphasizing lawful conduct within the club. The Court emphasized the need for the club to prevent unlawful gaming activities and granted the police the authority to monitor the premises periodically or upon receiving reports of illegal activities.

In conclusion, the Court partly allowed the appeal, providing clarity on the conditions imposed by the impugned order and ensuring a balance between club operations, member activities, and legal compliance.