Recently, the Allahabad High Court reiterated that “Poker and Rummy are absolutely a game of skill and not gambling.”
Petitioner approached the High Court against the order passed by the office of the D.C.P. City Commissionerate, Agra by which it was denied permission to establish a gaming unit for rummy and poker.
Counsel for the petitioner relied on the decision of the Supreme Court in the State of Andhra Pradesh Vs. K.S. Sathyanarayana and the judgment of the Madras High Court in Junglee Games India Private Limited Vs. State of Tamil Nadu where it had been held that poker and rummy involve skills and are not gambling. It was argued that the permission was simply denied on the grounds that gambling would hamper harmony and peace.
The bench comprising Justice Shekhar B. Saraf and Justice Manjive Shukla held the permission was denied without going into the issue of Poker and Rummy being card games which are games of skills and not gambling.
Observing that the officer concerned ought to look into the judgments of the Supreme Court and various High Court regarding poker and rummy being games of skill, the Court held that
“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.”
Accordingly, the Court directed the respondent to pass a fresh order after giving due opportunity of hearing to the petitioner. The Court added that a grant of permission for setting up a gaming unit does not prevent the authority from checking and taking action against gambling, if any, in accordance with law.
Case Title: M/S Dm Gaming Pvt Ltd v. State Of Up And 6 Others [WRIT – C No. – 3880 of 2024]