The High Court of Karnataka on Friday directed the State government to take a decision in 10 days in accordance with the law on the application already submitted by Bangalore Turf Club (BTC) seeking licence to conduct winter horse races.
The court also gave a liberty to the State to impose any condition, to protect public interest, in case of grant of licence and to constitute a monitoring committee comprising eminent persons who have held or are holding high offices, including representatives of the BTC such as the stewards. However, composition of such monitoring committee has to be decided in consultation with representatives of the BTC and in accordance with the law. Justice A.S. Bopanna passed the interim order on the petitions filed by the BTC, horse owners, trainers, BTC Staff Association, and others.
While refusing to give an interim direction to the government to grant licence to the BTC, the court said it cannot assume the role of a licensing authority as the law contemplates that the authority concerned is required to apply mind before grant of licence for racing activity.
The court noted that the law enables the government that it may call for a report from such authority as it thinks fit and after such inquiry as it deems fit, if satisfied of the desirability of granting a licence, grant such licence.
Meanwhile, the court did not accept the government’s claim that the BTC had not filed application in the proper format, and pointed out that such a claim was not appropriate when the government, over a period of time, granted licence on similar applications. Therefore the application, already filed by the BTC, would require consideration one way or the other in accordance with the law, the court said.
