Police Should Not Act With Presumption That Every Society Or Club Will Indulge In Unlawful Activities: Karnataka High Court

A single judge bench of Justice K S Hemalekha disposed of the petition filed by the Sri Siragalli Lakshmidevi Recreation Club, and directed the police authorities not to interfere with the lawful activities of the petitioner's association.

The observations hold significance as the petitioner club had approached the court as the authorities had refused to grant permission to permit recreational activities i.e., indoor games such as Rummy (card games), Chess, Carom, Billiards/Snooker, Skilled games and other indoor and outdoor games to all its members within the premises of its association.

The authorities, while denying permission stated that they (Club) require a licence to carry out the activities under the provisions of Karnataka Police Act.

To which the bench has said, "The power of surveillance and raids is to be used in bona fide exercise of powers to enforce the provisions of Act (Karnataka Police Act), however, it is open for the police authorities to verify and find out the nature of the activities, if need arises, so that the club premises may not be used for any illegal activities."

Findings

The bench relied on the judgments of the Supreme Court in the case of The State of Andhra Pradesh Vs. K. Satyanarayana and others and of the Division Bench of the High Court in the case of Sanna Adike Belegarara Recreation Association & others vs. State of Karnataka & others and in the case of Rama Recreation Association vs. Commissioner of Police.

Following which it noted, "In light of the catena of judgments stated supra and in view of sub-clause (14) and (15) of Section 2 of the Karnataka Police Act, 1963 where the licencing of any place of the said order is required only when it is a place of public amusement or it is public entertainment."

The bench held, "In the present case, the 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 as observed in the judgments stated supra, the respondent police authorities insisting upon the petitioner to get licence under the provisions of the Karnataka Police Act, is arbitrary and unreasonable and calls for interference."

Case Title: SRI Siragalli Lakshmidevi Recreation Club v. State of Karnataka

Case No: Writ Petition No.22854/2022

Citation: 2022 LiveLaw (Kar) 519

Date of Order: 25-11-2022

Appearance: Reshma K T, Advocate for petitioner.

K.S. Arun, HCGP for Respondents.