M/s. Sri Sai Recreation Association vs The State of Karnataka and Others

Anand Byrareddy

The Government pleader is directed to take notice for the respondents. The learned counsel for the petitioner would submit that the present petitioner is an Association which is licenced to conduct games of skill and accordingly, the members of the Association use the premises of the petitioner to play permitted games of skill. However, the respondent-police are visiting the petitioner''s premises often and threaten that the petitioner-association is permitting other activities without obtaining licence and they insist that the petitioner must also obtain licence under the Karnataka Police Act, 1963 to carry on recreational activity. The learned counsel for the petitioner would point out that in several instances this Court has consistently held that such associations ought not be prevented from carrying on lawful activity as licenced and that the respondent-police have been directed to not to interfere with the lawful recreational activity which are carried on by the members of the petitioner-association while reserving liberty to the police to take appropriate action in the event that there is possibility of unlawful activity taking place. When the police are vested with the power to take action against any unlawful activity indulged by the members of the petitioner''s association the insistence of the police that the petitioners ought to obtain licence under the Karnataka Police Act, without any other unlawful activity having been found in the premises of the Association results in hardship and is a constant harassment.

Therefore, the petition is allowed with a direction that the respondents shall not interfere with any of lawful activities of the members of the petitioner''s association. It is made clear that the respondents are at liberty to take appropriate action in accordance with law if it is found that the petitioner and its members indulge in any unlawful activities on proof of such unlawful activity. With the above observation, this petition stands disposed of.