GURU PRASAD BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In the instant writ petition the petitioners have challenged the betting and gambling of Horse Races a) as immoral; and b) crime and social evil degenerating the Society and the Nation. The petitioners claim that they are interested in the welfare of the Society and the petitioners are not trying to vindicate any personal right of them or to claim any personal benefit and the expenses of this proceedings are borne out by the petitioners personally. It was further been contended on behalf of the petitioners that the questions raised in this writ petition are questions of Constitutional obligation of the State, law and morality. The petitioners accordingly claim that the instant writ petition is in the nature of a public interest litigation.

(2.) As legality of betting and gambling on horse race has been questioned, the proforma respondents Nos. 17, 18, 19, and 20 have been impleaded, as betting and gambling on horse race take place in those States. Proforma respondents Nos. 21 and 22 have been impleaded, as this petition relate to interpretation of the Constitution of India since it has been alleged that on proper interpretation, several State and Central enactments may be held to be ultra vires. The respondent Nos. 23 and 24 have been impleaded, as the two articles with regard to the acts and deeds of the respondents No. 3, one published in 'The Statesman' dated 3.8.91 and the other in 'The Telegraph' dated 9.8.91 were published referring the petitioners concern about betting and gambling on Horse racing and led them to all investigate and study about the subject matter of this petition and filing of the same as public interest litigation. The said two respondents have been impleaded so that they may place further materials before this court.

(3.) Respondent No. 15 has been impleaded as a member of Royal Calcutta Turf Club.