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2015 DIGILAW 1211 (KAR)

Sri R. Recreation Association v. State of Karnataka

2015-10-30

ANAND BYRAREDDY

body2015
ORDER : Anand Byrareddy, J. 1. The Government Advocate is directed to take notice for the respondents. The petitioner claims to be a recreation club registered under the Karnataka Societies Registration Act, 1960 and provides facilities for its members to entertain themselves by playing recreational games. However, the police on suspicion that illegal activities are being carried on in the premises of petitioner have constantly visited the premises of the petitioner on the pretext of surveillance and are claiming to harass and it is claimed that the petitioner and its members are being harassed. In identical cases this Court has consistently issued guidelines in order to enable the petitioners to carry on their activities as it is legitimate and also to ensure that the police are not precluded from taking action in the event that any illegal activities comes to their notice. Therefore, the following guidelines are issued in the petitioner carrying on its activities: "(i) 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 are played by the members. The CCTV footage of the previous 15 days' period shall be maintained by the petitioner at all times and shall be exhibited to the police, as and when called upon to do so. (ii) The petitioner shall issue identity cards to all its members, which shall be produced by the members when called upon by the police, during their surveillance visits. (iii) The petitioner shall not allow any non-members or the guests of the members, to make use of its premises for the purpose of playing any kind of games or recreational activities. (iv) The petitioner shall not permit any activity by any of its members, by indulging in acts, falling within the definition of Section 2(14) and 2(15) of the Karnataka Police Act, 1963 and shall not permit any games of chance as per Explanation (ii) of clause (7) of Section 2 of KP Act. The members shall not be allowed to play any kind of games with stakes or make any profit or gain out of the games played. (v) The petitioner shall put in place a proper mechanism to ensure that no games are played in any unlawful manner by the members. The members shall not be allowed to play any kind of games with stakes or make any profit or gain out of the games played. (v) The petitioner shall put in place a proper mechanism to ensure that no games are played in any unlawful manner by the members. If the police find that games played are contrary to any law and in violation of the settled practice, it is open to them to take action against petitioner and the offenders, in accordance with law. (vi) The jurisdictional police shall have liberty to visit the petitioner's premises periodically on receipt of any information about any unlawful activity being carried on in the petitioner's premises. (vii) The respondents are directed not to interfere with the lawful recreational activities carried on by the members of the petitioner. (viii) It is made clear that this order would not come in the way of the jurisdictional police invoking the provisions of the KP Act and taking action in accordance with law, if the members of the petitioner are found to have indulged in any unlawful or immoral activities." Accordingly, the petition is disposed of. While observing that the police are not precluded from taking appropriate action in the event any illegal activity on the premises of the petitioner comes to their notice in accordance with law. The Government Advocate is permitted to file his memo of appearance within four weeks.