Omkar Samarath S vs. Government Of Karnataka
Held
The Court directed the petitioner to exclusively earmark a separate area with an appropriate enclosure for hookah smoking. The police were also directed not to harass the petitioner under the guise of inspection but were permitted to inspect with prior notice if necessary for law and order.
Facts
The petitioner, a proprietrix of a cafe, sought to prevent police interference with her business, which included offering hookah/smoking facilities in a designated zone. The police had forcibly closed the hookah facility, claiming it was illegal.
Key Issues
Whether police interference in the running of a cafe, including its hookah facility, was justified. Whether a separate smoking zone for hookah requires special permission.
AI-generated summary — verify with the full judgment below
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2019 BEFORE THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.52405/2019(GM-POLICE) BETWEEN:
OMKAR SAMARATH S S/O SHASHIKANTH B.P. AGED 21 YEARS PROPRIETRIX, 1947 THE BLACK HOUSE CAFE NO.02, 3RD AND 4TH FLOOR, NGEF LAYOUT, NAGARBHAVI MAIN ROAD, NAGARABHAVI, BANGALORE-560072. ...PETITIONER
(BY SRI MALLA REDDY B. V., ADVOCATE)
AND:
1 . GOVERNMENT OF KARNATAKA REPTD. BY THE PRINCIPAL SECRETARY DEPARTMENT OF HOME AFFIARS, VIDHANA SOUDHA, BENGALURU-560001. 2 . COMMISSIONER OF POLICE BANGALORE CITY, INFANTRY ROAD, BENGALURU-560001. 3 . ASSISTANT COMMISSIONER OF POLICE BYATARAYANAPURA SUB DIVISION MYSORE ROAD, BENGALURU-560026. 4 . THE CIRCLE INSPECTOR OF POLICE JNANABHARATHI, NAGARABHAVI, BANGALORE-560072. 2 5 . STATION HOUSE OFFICER JNANABHARATHI POLICE STATION, NAGARABHAVI, BANGALORE-560072. …RESPONDENTS
(BY SRI M. VINODKUMAR ADDITIONAL GOVERNMENT ADVOCATE) ……
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS NO
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