Not all clubs are illegal; Surveillance/raids are to be done in bona fide exercise of powers: Karnataka HC to Police
Court was dealing with a plea filed by a recreational activities club. The club sought direction to the police to declare that it was not required to obtain a licence under the provisions of the Licensing and Controlling of Places of the Public Amusement Order to play indoor games such as Rummy etc.
The Karnataka High Court recently observed that the authorities concerned should not act with a presumption that every society or association or club registered for the purpose of running the club will be indulging in unlawful activities.
Court said that the police authorities must act with the realization that the power of surveillance and raids is to be used in bona fide exercise of powers to enforce the provisions of the statute.
The bench of Justice K S Hemalekha observed thus while dealing with a petition filed seeking direction to the Police to not insist the petitioner- a recreation club, to obtain licence from the provisions of Licensing and Controlling of Places of the Public Amusement Order.
The petitioner club also sought a direction to the police to declare that the club was not required to obtain any permission or licence under the provisions of the Licensing and Controlling of Places of the Public Amusement Order to play indoor games such as Rummy (Card Games), Chess, Carom, Billiards/Snooker, Skilled games and other indoor and outdoor games for the benefit of all its members.
The argument put forth by the counsel for the petitioner was that the petitioner club is a recreation club registered under the Karnataka Societies Registration Act, 1960, therefore, it is not required to obtain any licence under the provisions of the Karnataka Police Act, as was being insisted by the respondent authorities.
The court was further apprised that after its registration, when the petitioner club approached the concerned police officials to permit recreational activities to all its members within the premises of its association, they refused to permit it.
The police officials had reasoned that for the said activities, the petitioner club required a licence to carry out the activities under the provisions of the Karnataka Police Act.
While adjudicating upon the issue, Court referred to the ruling of the Supreme Court in the State of Andhra Pradesh Vs. K. Satyanarayana and others (1968), wherein the Top Court had declared that rummy is mainly a game of skill. Court also took into account sub-clause (14) and (15) of Section 2 of the Karnataka Police Act, 1963 where the licensing of any place is required only when it is a place of public amusement or it is public entertainment.
Court pointed out that the petitioner club is an association for providing recreational activities to its members and the members of the public are not entitled to demand any entrance either freely or on payment of any sum and the entry is restricted as per the terms of the byelaws to its members only.
Therefore, in light of the settled proposition of law that it is not necessary to obtain any permission or licence for the purpose of carrying on recreational activities by any club or association, Court held that the respondent police authorities' act of insisting upon the petitioner to get licence under the provisions of the Karnataka Police Act, was arbitrary and unreasonable.
Accordingly, while disposing of the petition, court directed the respondents not to interfere with the lawful activities of the petitioner’s association.
Case Title: Sri Siragalli Lakshmidevi Recreation Club (R) v. State of Karnataka and Others