PRAYAGRAJ: While directing authorities concerned to revisit its order of denial of licence, the Allahabad high court has held that poker (card games) and rummy are games of skill and not gambling.
Disposing of a writ petition filed by M/S Dm Gaming Pvt Ltd, a division bench, comprising Justice Shekhar B Saraf and Justice Manjive Shukla, observed, “Upon considering various aspects, we are of the view that the officer concerned should look into the aspect after examining the judgments of the apex court and various high courts on the said issue.Denial of the permission only on the basis of the clairvoyance of the officer concerned cannot be a ground that can be sustained.
Hard facts are required to be brought on record by the officer to deny the permission for carrying out the recreational gaming activities”.
The petitioner M/S Dm Gaming Pvt Ltd was aggrieved by an order dated January 24, 2024, passed by the office of the deputy commissioner of police (DCP), City Commissionerate, Agra, whereby he was denied licence to run a gaming unit wherein games such poker and rummy would be played. This order was passed in relation to an application made by the petitioner for granting permission to run a gaming unit wherein games such as poker and rummy would be played.
During the course of hearing, the counsel for the petitioner relied upon the judgment of the apex court in the case of state of Andhra Pradesh Vs KS Sathyanarayana AIR 1968 SC 825 as well as in the judgment of Madras high court passed in Junglee Games India Private Limited Vs. state of Tamil Nadu (writ petition no- 18022 of 2020) and stated that poker and rummy are the games involving skill and not gambling. He further submitted that the impugned (under challenge) order dated January 24, 2024, does not address any of the issues and denies the permission for such gaming unit on the basis of surmises and conjectures that there may be possibility of peace and harmony being disrupted and gambling (jua-satta) taking place.
After hearing both sides, the court said, “In light of the fact that gambling is prohibited, the permission was denied without going into the aspect that card games i.e. poker and rummy are absolutely a game of skill and not gambling”.
The court directed the authority concerned to revisit the issue and pass a reasoned order after granting an opportunity of hearing to the petitioner within a period of six weeks from date.
However, the court in its order dated August 29 made it clear that the permission being granted by itself would not prevent the authorities concerned to check on the aspect of gambling that may take place at a particular place and if the same happens, necessary action under law can always be taken by the authorities.