Hyderabad: The Hyderabad High Court has dismissed a batch of writ petitions by clubs from states of AP and Telangana challenging the action of the police in interfering/obstructing the petitioners clubs from conducting card room for playing the game of Rummy.
Justice A Ramalingeswara Rao was dismissing the petitions by MLAS' Colony Residents Welfare and Cultural Association, Hyderabad, Advocates' Recreation Club, Karimnagar, Navodaya Sports and Cultural Association and ABS Town Hall of West Godavari district by holding that the petitioner are not maintainable.
The police authorities of the states concerned have denied the averments of interference in the activities of the petitioners associations and specifically stated that the petitioners approached this Court on mere apprehension.
The judge made it clear that in view of the apprehension of interference of the police, this court need not issue any declaration even before any actual violation takes place and examine the consequences of that violation.
The judge said, “It is difficult for anyone to say what is happening inside the premises. When the fish is in water it is commonly said that it is difficult to prove whether fish is drinking water or not. In such circumstances, the better option for the Courts is to apply the law only whenever the cause of action arises on the facts of a particular case in the light of the provisions of the Act, but not on mere apprehension, assertions and denials.”
The judge also said that whether a particular game was played by the persons at a particular moment comes within the game of skill or not is a matter for enquiry on the basis of evidence. If there is likelihood of misuse of the provisions of the enactment, it is for the Legislature to step in and make necessary amendments in the interest of public, but this Court cannot issue a Writ even without a cause of action.”
