ISHAAN SPORTS RECREATION ASSOCIATION v. THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF HOME, VIDHAN SOUDHA

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER Learned HCGP is directed to accept notice for respondents. Petitioner is a society registered under the Karnataka Societies Registration Act. The petitioner’s recreation club is established encourage the games like dart, chess, rummy, carom, video games, electronic amusement games, dice games.

Learned counsel petitioner submits that, the entry the petitioner’s association is restricted only to its members and outsiders and other public are not allowed to enter - 3 - NC: 2024:KHC-D:7183 WP No. 102989 of 2024 or enjoy the benefits of the society as a matter of right or on payment. He further submits that, the respondent-police are now forcing the petitioner- recreational club to obtain licence to conduct the activities in the said club. Hence, this writ petition.

Learned counsel for the petitioner further submit that, the recreational activities that are carried out in the recreation club would not fall under Sections 6 & 7 of the Karnataka Police Act,

1963. Hence, they are not required to secure any license from the authorities.

Learned HCGP appearing respondents submits that the issue involved in this writ petition was examined by the Division Bench of this Court in W.A.No.728/2020, disposed of on

18.01.2021.

Hence, this writ petition also requires to be disposed of in the light of the order passed in - 4 - NC: 2024:KHC-D:7183 WP No. 102989 of 2024 W.A.No.728/2020 on following terms and conditions: (i) The petitioner shall install CCTV cameras at the places of access members and also at all the places, wherein game(s) is/are played by the members within a period of six weeks. The CCTV footage of at least prior 15 days period shall be made available petitioner jurisdictional police, as and when called upon to do so. (ii) The petitioner shall issue identity card(s) to all its member(s), which shall be produced by the member(s), when called upon by the concerned police, during the raid(s), surveillance, etc., (iii) The petitioner shall not allow any non-member(s) or the guest(s) of member(s), to make use of its premises for - 5 - NC: 2024:KHC-D:7183 WP No. 102989 of 2024 the purpose of playing any kind of game(s) or recreational activities. (iv) The petitioner shall not permit any activity by any of its member(s), by indulging in acts of amusement, falling within the definition of Sections 2(14) and 2(15) of the Act and shall not permit any game(s) of chance as per Explanation (II) of Sub-section (7) of Section 2 of Karnataka Police Act,

1863. The member(s) shall not be allowed to play any kind of game(s) with stakes or make any profit or gain out of the game(s) played. (v) The petitioner shall put proper mechanism in place and shall ensure that no game(s) is/are played in any unlawful manner by the member(s). If the jurisdictional police finds that game(s) played is/are contrary to law and in violation of the settled practice, it is open to them to take action - 6 - NC: 2024:KHC-D:7183 WP No. 102989 of 2024 against the 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 interfere with lawful recreational activities carried on by the members of the petitioner’s – Club/Association. (viii) It is made clear that this order would not the way of jurisdictional police invoking the provisions of the Act and taking action in accordance with law, if the member(s) of the petitioner is/are found to have indulged in any unlawful or immoral activities. - 7 - NC: 2024:KHC-D:7183 WP No. 102989 of 2024 (ix) That while carrying out various recreational activities the petitioner’s clubs, all precautions for preventing spread of COVID-19 shall be taken, including social distancing, use of sanitizers and mask. Sd/- JUDGE PMP List No.: 1 Sl No.: 36