2014 (12) TMI 1413 - 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 and RELIANCE RECREATION CLUB VERSUS THE SUPERINTENDENT OF POLICE, THE DEPUTY SUPERINTENDENT OF POLICE, THE CIRCLE INSPECTOR OF POLICE, THE SUB INSPECTOR OF POLICE, THE ASST. SUB INSPECTOR OF POLICE 2014 (12) TMI 1412 - 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:
1. Compliance with court orders regarding installation of CC TV cameras and issuance of identity cards.
2. Restriction on non-members and guests from using premises for games.
3. Prohibition on members from engaging in certain activities falling within the definition of the Act.
4. Ensuring no unlawful games are played and allowing police intervention.
5. Jurisdictional police's right to visit premises and interfere with lawful activities if unlawful activities are found.

Detailed Analysis:
1. The judgment addresses the compliance with previous court orders regarding the installation of CC TV cameras and issuance of identity cards. The petitioner is directed to install CC TV cameras at all access points and places where games are played within six weeks. The petitioner must provide CC TV footage to the police upon request. Additionally, identity cards must be issued to all members for police verification during raids and surveillance.

2. The judgment imposes restrictions on non-members and guests, prohibiting them from using the premises for playing games or recreational activities. This measure aims to maintain the exclusivity of the club or association for its members only.

3. Members are prohibited from engaging in activities falling within the definitions of Sections 2(14) and 2(15) of the Act. Furthermore, the judgment prohibits any games of chance with stakes or profit-making, ensuring that members do not violate the Karnataka Police Act, 1963.

4. The petitioner is tasked with ensuring that no unlawful games are played on the premises by members. If the police discover any violations of the law or established practices, they are authorized to take action against both the petitioner and the offenders in accordance with the law.

5. The jurisdictional police are granted the liberty to periodically visit the premises or investigate any reports of unlawful activities occurring on the petitioner's premises. However, the judgment emphasizes that the respondents should not interfere with the lawful recreational activities conducted by the members of the club or association.

In conclusion, the judgment outlines specific directives for the petitioner to adhere to, ensuring compliance with court orders, maintaining the integrity of the premises, and allowing police intervention when necessary to uphold the law.