LAWS(BOM)-2003-10-1

GALIB HUSSAIN KHAN Vs. STATE OF MAHARASHTRA

Decided On October 08, 2003
GALIIB HUSSAIN KHAN Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) HE petitioner claims to be a social worker. He is the Vice President of Republican Party of India, Mumbai Pradesh. He is also a Special Executive Officer. It is his grievance that in Ghatkopar area, there are several clubs which are gambling dens. He has named certain clubs in this petition. They are, Shalimar- Social Club, Kohinoor Social Club, Welcome Social Club and Amar Social Club. The sum and substance of the petition is that though several complaints have been lodged by the petitioner and others, the police have not taken their cognizance. Where cognisance is taken, police have not properly investigated those complaints. It is also stated in the petition that on some petitions, this Court has passed orders that the police shall not interfere with the legal activities of the clubs, however, that shall not prevent the police from taking action if illegal activities are carried on in the said clubs. It is stated that these clubs are taking undue advantage of this order. They are carrying on gambling in these clubs. However, no cases are registered against them. It is suggested that gambling is being done under the patronage of the police.

(2.) AN intervention application has been filed on behalf of Shalimar Club. Since there are certain allegations made against that club also, in the interest of justice, we have granted that application.

(3.) WE have heard learned Counsel Mr. Maniar for the petitioner, Mr. Janardhanan, learned Additional Advocate General and Mr. Singhal, learned addl. P. P. for the State and Mr. Mundargi for the intervenor.