Allahabad High Court: In an important decision, the Allahabad High Court has said that poker (card game) and rummy are not gambling, but games of skill. This order was given by the Division Bench of Justice Shekhar B Saraf and Justice Manjeev Shukla while hearing the petition of M/s DM Gaming Private Limited. DM Gaming Private Limited had filed a petition under Article 226 of the Constitution and challenged the order of DCP, City Commissionerate Agra on January 24.
In this order, permission to operate a gaming unit for poker and rummy was denied. It was argued that the refusal to grant permission was based only on the assumption that such games could disturb peace and harmony or they could be considered gambling.
Citing the decision of the Supreme Court and other orders of the High Court, it was said that poker and rummy are games of skill and not gambling. The primary legal issue before the High Court was whether poker and rummy could be classified as gambling activities or recognized as skill games.
In this case, the counsel for the petitioner argued that the denial of permission by the DCP was based only on conjectures and speculations that allowing such games may disturb peace and harmony or promote gambling. It was argued that such assumptions do not form a valid legal ground for refusing permission. While the division bench emphasized that the authorities should examine the issue thoroughly and should not refuse permission on the basis of mere conjecture.
The court said this
The court said that refusal to grant permission only on the basis of foresight of the concerned officer cannot be a ground that can be sustained. Refusal to allow recreational gaming activities requires concrete facts to be brought on record by the officer. Permission to run a gaming unit of poker and rummy cannot prevent the authorities from monitoring the premises for illegal gambling activities.
The court has directed the concerned authority to reconsider the matter. The court said that the authority should make a reasoned order after providing an opportunity of hearing to the petitioner within six weeks from the date of the decision.
In Shorts
Allahabad High Court ruled poker and rummy are skill games, not gambling, in a landmark decision.
M/s DM Gaming Pvt Ltd challenged the Agra DCP’s denial of permission to operate.
The denial was based on assumptions of potential disturbances or promotion of gambling activities.
The court emphasized permission can’t be refused on conjecture, requiring concrete evidence instead.
Authorities must reconsider the case and give a reasoned decision within six weeks after hearing.
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