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Allahabad High Court: In a historic decision, the Allahabad High Court has said, 'Poker (card game) and Rummy are not gambling. But they are games of skill.' The division bench of Justice Shekhar B. Saraf and Justice Manjeev Shukla has given this order on the application of M/s D.M. Gaming Private Limited.
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According to reports, a petition was filed in the Allahabad High Court on behalf of M/s D.M. Gaming Private Limited under Article 226 of the Constitution of India. Aggrieved by the order passed by the office of DCP City, Agra Police Commissionerate on January 24, 2024, the petitioner moved the High Court. The order was passed in respect of the application made by the applicant for permission to operate a gaming unit. The DCP office refused to grant permission to operate a gaming unit for poker and rummy.
The counsel for the petitioner argued that
The counsel for the petitioner cited the State of Andhra Pradesh vs K.S. to support the arguments. It referred to the judgment of the Supreme Court in the Satyanarayana case and the Madras High Court judgment against Junglee Games India Pvt Ltd and stated that 'poker and rummy are games of skill and not gambling.' The counsel for the petitioner argued that the refusal to grant permission was based only on the assumption that such games may disturb peace and harmony or may amount to gambling.
The primary legal issue before the court was whether poker and rummy could be classified as gambling activities or games of skill. “On the basis that gambling is prohibited, permission was refused, notwithstanding the fact that card games i.e. poker and rummy are purely games of skill and not gambling,” the court said.
The Allahabad High Court further clarified that permitting the operation of gaming units playing poker and rummy cannot prevent the authorities from monitoring illegal gambling activities. The High Court has directed the concerned authorities to reconsider the matter by considering the decisions of the Supreme Court and various High Courts on the issue of skill-based games. Disposing of the petition, the High Court ordered, 'After providing an opportunity of hearing to the petitioner, the authority shall pass a reasoned order within 6 weeks from the date of the decision.'