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2005 Supreme(Mad) 26
High Court of Judicature at Madras
THE HONOURABLE CHIEF JUSTICE MR. MARKANDEY KATJU & THE HONOURABLE MR. JUSTICE D. MURUGESAN
Manakadu Elainger Nala Sports Narpani Mandram - Appellant
Versus
State of Tamil Nadu & Another - Respondents
Writ Appeal No.4206 of 2004
Decided On : 06 January 2005
Interference with club activities requires a specific law violation to justify police intervention, and games of skill are exempted from the Public Gambling Act, 1867.
Headnote:
Interference - Club Activities - The court held that unless a specific law is shown to be violated, the police cannot interfere with the functioning of a club charging money for playing carrom and chess, as these games require skill and are exempted from the Public Gambling Act, 1867.
Fact of the Case:
The appellant, a club affiliated to the Ministry of Youth Affairs and Sports, was being interfered with by the police for charging money for playing carrom and chess.
Finding of the Court:
The court found that the police had no right to interfere with the club's activities and issued a mandamus restraining them from doing so.
Issues: Interference with Club Activities, Alleged Violation of Public Gambling Act, 1867
Ratio Decidendi: The court held that unless a specific law is shown to be violated, the police cannot interfere with the functioning of the club, and games of skill like carrom and chess are exempted from the Public Gambling Act, 1867.
Final Decision: The impugned order was set aside, and the writ appeal was allowed with no costs.
Markandey Katju, CJ.
This writ appeal has been filed against the impugned order of the learned single Judge dated 8.11.2004.
2. We heard the learned counsel for the parties.
3. The appellant is a Club where persons play Carrom and Chess, which is affiliated to Nehru Yuva Kendra, Ministry of Youth Affairs and Sports, Government of India and it is a registered Society.
4. The allegation in the petition was that the police personnel are interfering with the functioning of the Club and harassing the persons who go there as well as the organisers.
5. We asked the learned Additional Government Pleader as to why the police is interfering with the functioning of the Club. Today, learned Additional Government Pleader informed us that the appellant is charging some amount of money from the persons who go to play Carrom and Chess in the Club.
6. This is a free and democratic country. All citizens are free to do whatever they like unless prohibited by law. Hence unless the respondents show which law has been violated for charging money by the Club from the persons who go to the Club for playing Carrom and Chess, the activity cannot be prohibited. When it is claimed that some act is illegal, the persons making such allegation must show which specific law is being violated. Merely making general allegation that the activity is illegal without specifying which law has been violated, is neither here nor there.
7. It is alleged by the respondents that the Public Gambling Act, 1867 is being violated. However Section 12 of the said Act says:
" Nothing in the foregoing provisions of this Act contained shall be held to apply to any game of mere skill wherever played."
8. Carrom and Chess certainly require skill and hence in view of Section 12, the Act itself has no application.
9. Thus, we are of the clear opinion that the respondents had no right to interfere with the functioning of the appellant. A mandamus is issued restraining the respondents from interfering with the functioning of the appellant or harassing the persons who go to play there or the organisers. Writ is issued as prayed for. The impugned order is set aside and the writ appeal is allowed. No costs. Consequently W.A.M.P.No.7972 of 2004 for injunction is closed.
