Suspense Crime Sach Ka Dam
The Allahabad High Court said in a case that poker and rummy are not gambling but games of skill. The officer should bring concrete facts on record to refuse permission to play recreational gaming activities. If this happens, the officer can take necessary action under the law. This decision was given by a bench of Justice Shekhar B. Saraf and Justice Manjeev Shukla in the case of DM Gaming Private Limited vs State of Uttar Pradesh and others.
What was the matter?
According to a report published in Law Trends, the issue put before the court was whether poker and rummy can be classified as gambling activities or can be recognized as games of skill. The counsel for the petitioner cited precedents set by the State of Andhra Pradesh vs K.S. Satyanarayana and the Madras High Court in Junglee Games India Pvt Ltd vs State of Tamil Nadu in his argument that both the games involve a significant degree of skill.
The petitioner presented his case
The petitioner said that the refusal of permission by the DCP is based only on “conjectures and speculations” that allowing such games may disturb peace and harmony or promote gambling. The petitioner further argued that such assumptions do not constitute a valid legal ground for refusing permission.
Permission should not be denied
A bench of Justices Shekhar B. Saraf and Manjeev Shukla emphasized that the authorities must examine the issue thoroughly and not deny permission based on mere conjecture. In its judgment, the Court said, “Refusal of permission merely based on foresight of the concerned officer cannot be a ground which can be sustained. There is a need for concrete facts to be brought on record by the officer to refuse permission to carry on recreational gaming activities.”
The court further clarified that granting permission to run a gaming unit playing poker and rummy would not prevent the authorities from monitoring the premises for illegal gambling activities. “The grant of permission would not prevent the concerned authorities from investigating the aspect of gambling taking place at a particular place, and if it is found to be so, necessary action under the law can always be taken by the authorities,” the bench said.
Asked to place an order within 6 weeks
The High Court directed the concerned authority to reconsider the matter considering the decisions of the Supreme Court and various High Courts on the issue of skill-based sports. The court ordered that the authority should pass a reasoned order within 6 weeks from the date of the decision after giving an opportunity of being heard to the petitioner.
