ALLAHABAD: In a landmark verdict, the Allahabad High Court has ruled that poker and rummy are games requiring skills as opposed to just being considered as sheer gambling.
A division bench comprising Justice Shekhar B. Saraf and Justice Manjeev Shukla delivered this judgement on Wednesday.
The ruling came in response to a petition filed by DM Gaming Private Limited, which challenged an earlier decision made by the Agra City Commissionerate, who had not allowed the company to run these games as a gaming unit.
DM Gaming Private Limited approached the court to raise objection against the order issued by the Deputy Commissioner of Police, City Commissionerate of Agra, on January 24, 2024.
The order had vehemently denied permission to operate poker and rummy. In its arguments, the company categorically stated that the denial was based on the unproven presumption that these games could disrupt public peace and be classified as gambling.
While making the judgement, the Allahabad High Court referred to the precedents set by the Supreme Court and other High Court rulings, affirming that poker and rummy are skill-oriented games.
“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 Allahabad HC stated.
The bench denounced the decision made by the administration, calling them speculative and instead directed the authorities to assess the matter again.
Meanwhile, the Court directed the respondent to pass a fresh order after giving due opportunity of hearing to the petitioner.
The Court added that 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.
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