The Madras High Court has directed the Director General of Police (DGP) to constitute trained special squads in every district and city under the leadership of the respective Superintendents and Commissioners of Police to inspect social and recreation clubs, associations, spas and massage centres, and initiate appropriate action in the event any illegality is detected.
Justice S.M. Subramaniam issued the direction while rejecting a 2012 writ petition filed by Kancheepuram Reading Room and Tennis Club, registered under the Societies Registration Act. The petitioner had wanted the court to restrain the police from insisting upon obtaining FL2 licence if the club premises was used by its members to consume liquor bought from Tasmac shops.
The judge refused to accept the argument that a licence was required only if the club wants to sell liquor to its members, and not if the latter wants to use the premises to consume liquor purchased by them from government run liquor shops. He said consumption of liquor in a public place, which had not been issued with a licence to be used as a bar, was clearly illegal.
Permissible activities
The court also pointed out that that a registered society could not either sell liquor or allow its premises to be used its consumption unless the bylaws of the society permit such an activity. In the instant case, the object of the petitioner society was to provide a platform for reading books and promoting sporting activities, not to promote consumption of liquor, it said.
Justice Subramaniam held that the society would have to amend its bylaws if it intended to indulge in new activities, and until such an amendment, any activity carried out in violation of its objects could only be considered as an act performed in contravention of the Societies Registration Act, which empowers the officials concerned to hold inquiry and cancel the registration.
The judge directed the DGP to ensure that the special squads share details regarding violations, if any, with the competent officials under the Societies Registration Act for initiating further action. The top cop was also ordered to issue a circular in this regard to all his subordinate officials.
The DGP was also instructed to share a copy of his circular with the municipal corporations, municipalities and panchayats.
