AI OCR 
TaxTMI 
TaxTMI 
TaxTMI 
2017 (10) TMI 1630
X X X X Extracts X X X X
X X X X Extracts X X X X
....businessmen. The association has their own bye-laws and conducting their activities as per the bye-laws. The members do come and avail the facilities being offered by the Club, like playing cards. But they do not encourage gambling. There is no nuisance nor any disturbance and there has been no complaints received from any quarters by the respondent police. No case has been registered against any member of the association so far. While so, under the guise of inspection, the respondent police is visiting the club every now and then, disturbing the smooth functioning of the club and thereby the normal conduct and business of the club is affected and the members of the club are put to lot of inconveniences and disturbances. The members do face constant threats from the respondent Police. Representations given in person and through letters are in vain. Hence, the writ petition has been filed. 2. After considering the facts and circumstances of the case and the arguments advanced by the learned counsel on either side and by citing his own judgment dated 04.11.2011 made in W.P. No. 21620 of 2011, the learned Single Judge has disposed the Writ Petition with the following directions:- a....
X X X X Extracts X X X X
X X X X Extracts X X X X
....and j) Before passing orders for the purpose of closure of the Club, in exercise of the powers conferred on the authorities, they should follow the principles of natural justice. The Club should be given an opportunity to submit their objections and if so desired, a further opportunity of personal hearing should also be given." 3. Aggrieved against the order of the learned Single Judge, the appellants/respondents have filed the present Writ Appeal. 4. The learned Special Government Pleader appearing for the appellants/respondents would submit that the learned Single Judge has passed the following directions in paragraph Noll (a) & (e) as under:- "(a) The petitioner association shall not indulge in any illegal activity other than playing Rummy (13 cards) with stakes by its members and guests; (e) In the normal circumstances, there should be no interference in the lawful functioning of the Clubs, by the Police. It is not permissible for the police to enter the Club premises as a routine measure, so long as the Clubs are functioning within the frame work of law" Thereby held that playing rummy with stakes cannot be interfered and the learned Special Government Pleader would s....
X X X X Extracts X X X X
X X X X Extracts X X X X
....irection (e) viz., In the normal circumstances, there should be no interference in the lawful functioning of the Clubs, by the Police. It is not permissible for the police to enter the Club premises as a routine measure, so long as the Clubs are functioning within the frame work of law", the learned Special Government Pleader would submit that the respondent-Association by showing the order passed by the learned Single Judge, the respondent/writ petitioner cannot prevent the Police Personnel in performing their lawful duty. It is his further contention that the playing rummy is not an offence, however playing rummy to make money for gambling is an offence. 7. We find much force in the contention of the learned Special Government Pleader that the respondent-Association by virtue of the order of the learned Single Judge cannot prevent the Police Personnel to do their lawful duty. Therefore, the order passed by the learned Single Judge with regard to directions (a) & (e) are unsustainable. 8. The other submission of the learned Special Government Pleader is that the stake involved in playing the game of rummy amounts to gambling. In this regard, it is pertinent to quote the Judgment....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... recognises that gambling had been totally prohibited by Manu because it destroyed truth, honesty and wealth, while other law givers permitted it when conducted under the control of the State so as to allow the king a share of every stake. Such was the notion of Hindu law givers regarding the vice of gambling. Hamilton in his Hedaya Vol. IV, book XLIV, includes gambling as a kiraheeat or abomination. He says: "It is an abomination to play at chess, dice or any other game; for if anything is staked it is gambling, which is expressly prohibited in the Koran; or if, on the other hand, nothing be hazarded it is useless and vain". 41. It will be abundantly clear from the foregoing observations that the activities which have been condemned in this country from ancient times appear to have been equally discouraged and looked upon with disfavour in England, Scotland, the United States of America and in Australia in the cases referred to above. We find it difficult to accept the contention that those activities which encourage a spirit of recklesss propensity for making easy gain by lot or chance, which lead to the loss of the hard earned money of the undiscerning and improvident common....