2014 (12) TMI 1412 - 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 - The issues raised in this petition are squarely covered by this Court s order THE MEDIA N MEMBERS CLUB VERSUS STATE OF KARNATAKA, THE COMMISSIONER OF POLICE, THE JOINT COMMISSIONER OF POLICE, THE DEPUTY COMMISSIONER OF POLICE, THE ASSISTANT COMMISSIONER OF POLICE, THE INSPECTOR OF POLICE, BANGALORE 2014 (10) TMI 1068 - KARNATAKA HIGH COURT where it was held that 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 games(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 - petition disposed off.

Summary

Issues involved:
Interpretation of directions issued by the High Court in a previous case regarding installation of CCTV cameras, issuance of identity cards, prohibition of non-members from using premises, prohibition of certain activities by members, maintenance of lawful gaming activities, police visitation rights, and non-interference with lawful recreational activities.

Analysis:

1. Installation of CCTV cameras: The High Court directed the petitioner to install CCTV cameras at all access points and gaming areas within six weeks. The petitioner must provide CCTV footage of at least the prior 15 days to the police upon request. This measure aims to enhance security and surveillance on the premises.

2. Issuance of identity cards: The petitioner is mandated to issue identity cards to all members, which must be produced during police raids or surveillance activities. This requirement ensures proper identification and monitoring of individuals present on the premises.

3. Prohibition of non-members and guests: The petitioner is prohibited from allowing non-members or guests of members to use the premises for gaming or recreational activities. This restriction aims to maintain the exclusivity of the club's facilities for registered members only.

4. Prohibition of certain activities: Members are not allowed to engage in amusement activities falling under specific legal definitions or play games of chance with stakes or profits. This prohibition aligns with the provisions of the Karnataka Police Act, 1963, to prevent unlawful activities on the premises.

5. Maintenance of lawful gaming activities: The petitioner must ensure that all games are played lawfully and in compliance with regulations. Any unlawful gaming activities discovered by the police may lead to actions against both the petitioner and the offenders in accordance with the law.

6. Police visitation rights: The jurisdictional police have the authority to visit the premises periodically or upon receiving information about unlawful activities. This provision enables law enforcement to monitor and intervene in case of any violations.

7. Non-interference with lawful activities: Respondents are directed not to interfere with the lawful recreational activities conducted by the petitioner's members, ensuring that legitimate activities are not disrupted unjustly.

8. Conclusion: The writ petition is disposed of based on the aforementioned directions. The High Court Government Pleader is granted eight weeks to file a memo of appearance, and no costs are imposed in this judgment.