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2015 DIGILAW 526 (KAR)

All Friends Cultural Association v. State of Karnataka

2015-05-19

A.N.VENUGOPALA GOWDA

body2015
ORDER : A.N. Venugopal Gowda, J. 1. Sri R.B. Sathyanarayana Singh, accepts notice on behalf of the respondents. With the consent of the learned Counsel on both sides, petition is taken up for final hearing. 2. The petitioner, a recreation club, registered under the Karnataka Societies Registration Act, 1960 filed this writ petition to direct the respondents not to insist to obtain and produce a licence under the Public Amusement Order and not to interfere with the activities of the club, as long as it carries on activities permitted by law. 3. Petitioner is identically placed as that of petitioner in W.P. No. 31043 of 2014, decided on 9-10-2014. Therein it was ordered as follows: "(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 is/are played by the members. The CC TV footage of at least prior 15 days' period shall be made available by the petitioner 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 the raids and surveillance etc. (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 of amusement, 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 sub-section (7) of Section 2 of Karnataka Police Act, 1963. 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 proper mechanism in place and shall ensure that no games is played in any unlawful manner by the members. If the police find that games played is 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. (v) The petitioner shall put proper mechanism in place and shall ensure that no games is played in any unlawful manner by the members. If the police find that games played is 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 premises periodically and/or 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-Club/Association. (viii) It is made clear that this order would not come in the way of the jurisdictional police invoking the provisions of the 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". 4. Sri S. Chandrashekaraiah, learned Advocate submits that the petitioner would abide by the terms and conditions, as was imposed in the order dated 9-10-2014 passed in W.P. No. 31043 of 2014. 5. In view of the above, if the petitioner observes the directions issued on 9-10-2014 in W.P. No. 31043 of 2014, the respondents shall not insist the obtaining and production of licence under the Public Amusement Order, as long as the petitioner carries on the activities permitted by law and does not indulge in any activity contrary to law. 6. Petition is disposed of accordingly. Sri R.B. Sathyanarayana Singh, is permitted to file memo of appearance within four weeks.