The Bangalore Turf Club (BTC) on Race Course Road.
Credit: DH FILE PHOTO/PUSHKAR V
Bengaluru: Bangalore Turf Club gets green signal to resume racing activities
In a big relief to the Bangalore Turf Club (BTC) and other petitioners, the Karnataka High Court on Tuesday permitted them to conduct and carry on all on-course and off-course racing and betting activities. Justice SR Krishna Kumar passed the interim order and stayed the June 6 state government order rejecting the representation filed by BTC seeking a renewal of licence to conduct on-course racing between June and August.
The interim order will be subject to the same terms and conditions of the licences issued in March this year by the state government, also subject to complying with the provisions of the Mysore Race Course Licensing Act, 1952 and Mysore Race Course Licensing Rules, 1952, the court said.
“Respondents-State also directed to permit the petitioners to conduct and carry on all such on-course and off-course racing and betting activities of the BTC without any hindrance, interruption or impediment. Liberty is reserved in favour of the Respondents-State to monitor, supervise and regulate the racing and betting activities of the petitioners by taking necessary steps in this regard,” Justice Krishna Kumar said.
The petitioners BTC, the associations representing the horse owners, jockeys, punters and the trainers had initially filed petitions with a grievance that the state government was not considering their applications. The petitioners amended their prayer after the state government rejected their request on June 6, primarily citing the ongoing criminal proceedings pertaining to GST evasion and the charge sheet filed in that case.
Justice Krishna Kumar noted that the BTC itself was not arraigned as an accused in the said charge sheet. The court said mere allegations in the charge sheet and naming only the bookmakers, the Chairman of the BTC and one paid employee could not have been made the basis to refuse grant of license, especially when pendency of the criminal proceedings does not operate as a disqualification or an embargo for grant of license for racing and betting activities.
The court pointed out that Rule 5 of the Licensing Rules empowers the state to call for reports from other authorities and conduct enquiry for the purpose of issuing licence. The state was not justified in refusing to grant licence in the absence of a report or any enquiry being conducted, the court said.
“The impugned orders are violative of principles of natural justice and the same deserve to be stayed not only on account of lack of sufficient and reasonable opportunity being granted to the BTC but also on account of the show cause notice lacking material particulars and being inadequate which amounts to denial of principles of natural justice warranting interference by this Court,” the court said.
Arvind Raghavan, Bangalore Turf Club chairman, was a relieved man. “We are happy that the Honourable High Court of Karnataka has saved the sport of horse racing in Bengaluru. The verdict comes as a huge relief for the racing fraternity which was under duress for the last month and a half due to the sport being halted,” he told DH.
Faraz Arshad, secretary of the Karnataka Trainers Association, said: “The last two and a half months were extremely difficult for the entire racing fraternity... With no racing, it was really hard on all of us. A lot of them depend on it for their daily food. Financially, it hit us brutally.”
JUSTICE SR KRISHNA KUMAR, a judge of the Karnataka High Court, said “It is relevant to note that by virtue of the impugned orders (rejecting the representation filed by the BTC), the entire racing and betting activities of the petitioners, which was hitherto being carried on continuously and uninterruptedly for decades, has now come to a complete standstill and a grinding halt thereby resulting in irreparable injury and hardship not only to the petitioners but also to the race horses themselves who are lying idle without their regular racing activity, which would cause ailments, diseases etc., to the race horses which is sufficient to indicate that the balance of convenience is in favour of the petitioners.
(With inputs from Sidney Kiran)