Muthamzil Youth Welfare Sangam v. The Superintendent of Police, Namakkal District & Others
2005-02-24
K.P.SIVASUBRAMANIAM
body2005
DigiLaw.ai
Judgment :- Heard both sides. 2. Learned Special Government Pleader takes notice for the respondent. 3. The petitioner prays for the issuance of a writ of Mandamus to forbear the respondents from interfering with the day-to-day activities of the petitioner's Muthamzil Youth Welfare Sangam without any reasonable cause, including that of the petitioner's lawful, cultural and recreational activities in its premises, as mentioned in the writ petition. 4. According to the petitioner, the affairs of the petitioner's club/Sangam is being conducted in a lawful manner. They are being unnecessarily harassed by the police. They do not conduct any activity in violation of any of the statutory provisions or of the Gaming Act. 5. Learned counsel also referred to the interim orders passed by this Court in W.P.Nos.5223 and 8121 of 2004 which visualises the appointment of an Advocate Commissioner to inspect the property as to whether the petitioner's club was indulging in any unlawful activity. Learned counsel also relies on the judgment of the Division Bench of this Court in MANAKADU ELAINGER NALA SPORTS NARPANI MANDRAM Vs. STATE OF TAMIL NADU & ANOTHER (2005-1-L.W.-82) in support of his contention that the police have no powers to intrude into the personal and recreational activities. 6. It is needless to mention that the police, as a law enforcing authority, are entitled to take appropriate action within the framework of law, against any individual or association or a club, if they indulge in any unlawful activity. To fetter the hands of the police officials by issuing a blanket order not to take any action against the activities of such clubs will not be desirable. Every day in newspapers, there are reports regarding the manner in which such clubs and associations have come up in a mushroom like manner under the guise of recreational activities and how many of them turn out to be gambling houses and indulging in several other illegal activities. There have been many complaints to the police from the public or from the neighbours. Many shops professing to conduct video games were found to be indulging in betting, resulting in incidents of violence. The recent growth of another type of video centres are stated to be the centres for the young to indulge in improper and perverted use of the internet and e-mail facilities, specialising in obscenity and demoralising the youth.
Many shops professing to conduct video games were found to be indulging in betting, resulting in incidents of violence. The recent growth of another type of video centres are stated to be the centres for the young to indulge in improper and perverted use of the internet and e-mail facilities, specialising in obscenity and demoralising the youth. Newspapers are full of criticism of the police for their alleged inaction and the issue causes grave concern to the parents. Such demoralising and illegal activities in public places are certainly actionable and there is no point in blaming the police for the resulting crimes, frequent law and order situation created by such clubs and mandrams. 7. As regards the request for appointment of Advocate Commissioner to accompany the police officers, I am inclined to hold that it will not be a workable solution. Learned Special Government Pleader rightly expresses the difficulty that when once the Advocate Commissioner is programmed to visit the premises, most of the clubs receive information before hand and manage to put up a show of a lawful functioning. When once the Advocate Commissioner leaves, they would start their illegal activities again. It is therefore very difficult to monitor the situation on every occasion the police receives an information or a complaint and have reason to believe that the club was indulging in illegal activities. 8. The reference made to the judgment of the Division Bench, as referred to above, cannot be applied to all cases and result in granting a blanket order as sought for by the petitioner. In that case, the Division Bench dealt with a club affiliated to Nehru Yuva Kendra, Ministry of Yourh Affairs and Sports, Government of India. It was an Institution answerable to the Government of India. It is also seen that the said club was conducting games only in Carrom and Chess. After referring to the provisions of the Public Gaming Act, 1867, the Division Bench held that Carrom and Chess certainly require skill and hence, in view of Section 12 of the Act, the Act will have no application. The Division Bench further observed that merely making general allegations that the activity was illegal without specifying which law was violated, cannot be permitted. Therefore, the observations came to be made only in the background of the facts pertaining to that particular case.
The Division Bench further observed that merely making general allegations that the activity was illegal without specifying which law was violated, cannot be permitted. Therefore, the observations came to be made only in the background of the facts pertaining to that particular case. The effect of the said judgment cannot mean that every club or association is entitled to a prohibitory order totally tying the hands of the police to take appropriate action whenever warranted. 9. At the same time, it requires to be emphasized that as long as such clubs or institutions conduct themselves in a proper manner without indulging in any illegality, there will be no justification for the police to indulge in any harassment. There is nothing wrong in the residents establishing a recreational centre for themselves. They cannot be subjected to unnecessary police surveillance except in clubs which indulge in illegal activities. 10. However, the prayer in the writ petition cannot be granted without making it clear that the police is certainly entitled to take action whenever and wherever there is any violation of the statutory provisions including the Gaming Act. With the above observation, the writ petition is disposed of. Connected W.P.M.P.No.6760 of 2005 is closed.