Recently, the Allahabad High Court held that poker and rummy constitute games of skill and do not fall within the ambit of gambling. The division bench, comprising Justice Shekar B Saraf and Justice Manjeev Shukla, rendered this decision in response to a petition filed by DM Gaming Private Limited, which sought to challenge the refusal of permission by the Agra City Commissionerate to conduct poker and rummy as a gaming operation.
The petitioner, invoking Article 226 of the Constitution of India, contested the order dated January 24, 2024, issued by the Deputy Commissioner of Police, Agra, which denied permission on the presumption that such activities may disturb public order or be construed as gambling.
Relying on the precedents established by the Supreme Court in ‘State of Andhra Pradesh Vs. K.S. Sathyanarayana’ [AIR 1968 SC 825], and Madras High Court in ‘Junglee Games India Private Limited Vs. State of Tamil Nadu’, the petitioner contended that poker and rummy are recognised as games of skill, and the refusal was premised on unfounded assumptions rather than concrete evidence. It was further submitted that speculative concerns regarding public peace or the potential for gambling do not provide a legitimate legal basis for denying permission.
The bench observed that a refusal of permission based on conjecture without factual substantiation is legally unsustainable. The court highlighted that any denial of permission must be supported by specific facts and reasoned findings. Moreover, the court noted that granting such permission would not preclude the authorities from monitoring the premises to prevent illegal gambling activities.
Hence, the court directed the concerned authorities to reconsider the application and issue a reasoned order after providing the petitioner an opportunity to be heard, within six weeks.
Case Title: M/S Dm Gaming Pvt Ltd vs. State of UP and 6 Others
Citation: WRIT – C No. – 3880 of 2024
Coram: Justice Shekhar B. Saraf, Justice Manjive Shukla