Under normal circumstances, there should be no interference in the functioning of recreation clubs and it is not permissible for the police to enter the clubs as a routine measure as long as they function within the framework of law, the Madras High Court Bench here has said.
Justice T.S. Sivagnanam passed the order while disposing of a writ petition filed by the secretary of a recreation club at Seelayampatti in Theni district with a plea to restrain the local police from interfering with the peaceful functioning and day-to-day affairs of the club.
The judge pointed out that while disposing of a similar case in 2009, the High Court had said that office-bearers and members of a club were entitled to carry on lawful activities without violating the provisions of the Public Gambling Act, 1867, and the Tamil Nadu Gaming Act, 1930, and the other relevant provisions of law.
If the police authorities received specific information or raised a reasonable doubt that the activities carried on in a club either by its office-bearers or members were against law, it would be open to them to enter the club for an enquiry after recording it in the General Diary maintained in police stations.
“However, while exercising the powers conferred on the police authorities, they should follow the mandatory provisions as contained in the Tamil Nadu Gaming Act and the Public Gambling Act. It is always open to the club to challenge the action taken by the police if it was not in accordance with law.
“In case, the police authorities are of the opinion that a situation has arisen warranting the suspension of the operation of the club, in exercise of the powers conferred upon them, they have to issue an order in writing. They are not entitled to pass oral orders.”
