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Originally posted by :mgrao |
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Is there any protection from the police booking wrong cases?
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Police can book cases according to laws. If there are laws that give them wide powers, it is very likely they will abuse those powers. How to keep police in check? Limit the wide powers in the law itself to narrowest possible limits.
Most probably your club was booked under Public Gambling Act,1867. I do not think the definition of gambling is well defined in Public Gambling Act, 1867. Gambling is the wagering of money or something of material value (referred to as "the stakes") on an event with an uncertain outcome with the primary intent of winning additional money and/or material goods. If money or something of material value is not put up on stake that it cannot be called gambling.
Constitution of India is guaranteeing rights to freedom, life and liberty. It includes right to playing games without being hounded by police. The State is to abide by the Constitution at all times. Any power(law) of State to restrict fundamental rights should pass the test of strict scrutiny, else the very purpose of "guarantee" of fundamental rights in Constitution may get defeated. The following are the conditions under strict scrutiny to be met by the legislation:
1) The State has the burden of proving that its challenged legislation/policy is constitutional.
2) The State must show that its legislation/policy is necessary to achieve a compelling state interest.
3) If points 1 and 2 are proved then the State must then demonstrate that the legislation/ policy is narrowly tailored to achieve the intended result.
You may also read about Strict Scrutiny at https://lawandotherthings.blogspot.com/2009/08/justice-sinhas-final-attempt-to-clear.html
In my opinion you may approach High Court to get Public Gambling Act,1867 judicially reviewed and put to the test of doctrine of strict scrutiny.
