Aishwarya Sports and Cultural Association vs The State of Karnataka and Others

Anand Byrareddy, J.—The petition coming on for preliminary hearing, the Government Advocate is directed to take notice for respondents.

The present petitioner is said to be a Sports and Cultural Association registered under the Karnataka Societies Registration Act, 1960. The petitioner is aggrieved by the constant interference by the local police alleging illegal activity in the premises of the petitioner, which is strongly refuted and the learned counsel for the petitioner would submit that in a similar case, this court has framed guidelines which ought to be followed by such associations or entities such as the petitioners, which would adequately address the concern of the police authorities and that the petition may be disposed of in terms of the said order.

Consequently, as held by this Court in W.P.30071/2014 dated 15.10.2014, in Media N Members Club v. State of Karnataka and Others, the following directions are issued:

"(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 CC TV 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 Ss. 2(14) & 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 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. 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."

Consequently, the writ petition is disposed of in terms as above. The learned Government Advocate is permitted to file his memo of appearance within four weeks.