Recreational clubs are subject to strict regulatory conditions under the Karnataka Police Act to prevent unlawful activities while permitting skill games.

ORDER :

1. The petitioner is before this Court seeking for the following reliefs:

a) Issue a writ of Mandamus directing the Respondents not to insist upon the petitioner (Revanth Recreation Association) to obtain license for playing skill games like chess, carom & rummy either under the KARNATAKA POLICE ACT or under the Licensing & Controlling of the Place of Public Amusement Order;

b) Issue such other writ/order/direction as deemed fit, in the interest of justice.

2. Learned AGA on instructions submits that the preparatory steps have been taken by the petitioner for operationalising the cultural association but the same is yet to commence.

3. Submission of learned counsel for the petitioner is that everything is ready for the cultural association to function and that the petitioner will comply with any direction that may be issued by this Court.

4. In further, both the counsels submit that, the above matter is covered by the order dated 22.02.2016 passed in W.P. No. 101799/2016 (GM-Police) in Srimanth Ramchandrarao Appasaheb Club, Jamakhandi Vs. State of Karnataka.

5. In view of the settled legal position governing recreational clubs and gaming activities, the writ petition is disposed of subject to the following mandatory terms, safeguards, and regulatory conditions, which shall be scrupulously complied with by the petitioner without any default:

6. Surveillance, CCTV Installation & Data Preservation:

6.1. Installation of CCTV System: The petitioner shall, within a period of six (6) weeks from the date of receipt of this order, install fully functional Closed-Circuit Television (CCTV) cameras at:

6.1.1. All points of ingress and egress;

6.1.2. All common areas; and

6.1.3. All locations where any game or recreational activity is carried on by the members.

6.2. The CCTV system shall be equipped with date-and-time stamping and shall remain in continuous working condition at all material times.

6.3. The CCTV footage shall be securely preserved for a minimum continuous period of fifteen (15) days.

6.4. The petitioner shall produce such CCTV footage forthwith before the jurisdictional police or any authorised officer whenever lawfully called upon to do so.

6.5. Any tampering, disabling, destruction, alteration, or failure to preserve CCTV footage shall constitute a grave violation and shall invite action in accordance with law.

7. Membership Identity, Verification & Access Control:

7.1. Issuance of Identity Cards: The petitioner shall issue tamper-proof identity cards to every member, containing:

7.1.1. Photograph;

7.1.2. Unique membership number;

7.1.3. Validity period; and

7.1.4. Club seal and security authentication.

7.2. Every member shall carry the identity card at all times while present in the premises and shall produce the same upon demand before the jurisdictional police during any raid, inspection, surveillance, or verification.

7.3. The petitioner shall maintain a digitally updated membership register, which shall be produced for police verification whenever required.

8. Absolute Prohibition on Entry of Non-Members & Guests: The petitioner shall not permit any non-member to enter or make use of the premises for the purpose of playing any game or participating in any recreational activity, including:

8.1. Guests;

8.2. Temporary visitors;

8.3. Invitees; or

8.4. Proxy players.

9. The petitioner shall display conspicuous notice boards at all entry points stating that:

“Only valid members are permitted. Entry of guests and outsiders for gaming activities is strictly prohibited.”

10. Prohibition on Games of Chance, Stakes, Wagering & Amusement Activities:

10.1. The petitioner shall not permit any ac