[Rajkot Gaming Zone Fire] Police Commissioner Files Affidavit in Gujarat High Court Explaining Permissions Granted To TRP Gaming Zone Under Gujarat Police Act

Commissioner of Police, Rajkot, IPS Brajeshkumar Jha, has filed an affidavit before the Gujarat High Court following a directive to explain the permissions granted to the TRP Gaming Zone. The High Court sought details on whether these permissions were obtained under the provisions of Section 33(w) of the Gujarat Police Act, 1951.

Jha, who assumed office on May 28, 2024, stated in his affidavit that he reviewed the case records and orders dated May 25 and May 27, 2024.

In his affidavit, he said, “I respectfully state that I have been recently posted as Commissioner of Police at Rajkot, where I have assumed charge of the office w.e.f. 28.05.2024. I have perused the papers of the captioned proceedings. orders dated 25.05.2024 and 27.05.2024 passed by this Hon'ble Court in the captioned proceedings as well as the office record and files pertaining to the subject matter of the said proceedings. In view of this. I am conversant with the facts and circumstances leading to the initiation of suo- motu PIL proceedings by this Hon'ble Court and hence, am competent to file the present affidavit, which I hereby do so in compliance of the direction of this Hon'ble Court contained in para 15(4) of the aforesaid order dated 27.05.2024 of this Hon'ble Court.”

Section 33 of the Gujarat Police Act, 1951, grants powers to the Commissioner and the District Magistrate to regulate traffic and maintain order in public places. Specifically, clauses (w) and (x) of sub-section (1) of Section 33 pertaining to the control of public amusement or entertainment venues and the regulation of ticket sales for such events.

Jha outlined the prevailing practices within the Rajkot Police Commissionerate, where applicants seeking a licence for amusement parks apply for a "Booking License." This license regulates ticket sales for park admissions. He clarified that Section 33(1)(w) covers various control aspects, including public safety, obstruction, and the prevention of disturbances at such venues.

Regarding permissions granted to the TRP Gaming Zone, Jha detailed the process for two entities: M/s. Dhaval Corporation and M/s. Raceway Enterprises.

As per the affidavit, M/s. Dhaval Corporation, a proprietary concern of Shri Dhaval Thakker, applied on March 1, 2021, for a booking licence for its amusement park located at J.S. Party Plot, Satyam Park-I, Rajkot.

The concerned Police Inspector of the License Branch at the Rajkot Police Commissionerate addressed a communication on March 8, 2021, to the Police Inspector of Rajkot Taluka Police Station, seeking an inquiry report and opinion.

On April 15, 2021, the station's Police Inspector reported favourably on the application, leading to the issuance of the requisite licence on June 4, 2021. This license was valid until December 31, 2021, and was subsequently renewed three times until December 31, 2024. The renewal process involved checking the licensee's character and any notable incidents in the preceding year.

Similarly, on July 31, 2023, Yuvrajsinh Harisinh Solanki, a partner of M/s. Raceway Enterprises, applied for a booking licence for its amusement park at Ashutosh Party Plot, Rajkot, the affidavit further informed.

The concerned Police Inspector addressed a communication on August 11, 2023, to Rajkot Taluka Police Station, seeking an inquiry report and opinion. On November 17, 2023, the station's Police Inspector reported favourably on the application, leading to the issuance of the requisite licence on November 21, 2023. This licence was valid until December 31, 2023, and was renewed for one year until December 31, 2024, following the same criteria used for the renewal of the Dhaval Corporation licence.

Jha concluded that the licenses issued to M/s. Dhaval Corporation on June 4, 2021, and to M/s. Raceway Enterprises on November 21, 2023, were not under Section 33(1)(w) but were instead related to Section 33(1)(x) of the Act, as specified in the licences.

Notably, the Gujarat High Court had taken suo motu cognizance of the tragic fire at TRP Game Zone in Rajkot, which resulted in the deaths of at least 27 people on May 26, 2024. The fire erupted on the evening of May 25 at a gaming zone in Rajkot, Gujarat, resulting in the deaths of at least 27 people, including nine children. The blaze consumed the two-storey building housing the TRP Game Zone, which was crowded with approximately 300 people, many of them children, due to the summer vacation and weekend rush.