Poker & Rummy Are Games Of Skill, Not Gambling: Allahabad HC Orders Reconsideration Of Gaming License

While making this observation, a two-judge bench comprising Justice Shekhar B Saraf and Justice Manjive Shukla directed the concerned authorities to reconsider their order for grant of permission to run a gaming unit where games such as Poker and Rummy would be played, and disposed of a petition filed by M/s DM Gaming Pvt Ltd.

The bench observed, "Upon considering the various aspects, we are of the view that the officer concerned should look into the aspect after examining the judgements of the apex court and various high courts on the said issue."

"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," added the court.

The petitioner, M/s DM Gaming Pvt Ltd, had moved the court challenging order dated January 24, 2024 passed by the office of the deputy commissioner of police (DCP), city commissionerate, Agra denying licence to run a gaming unit for playing games such as Poker and Rummy.

During the course of hearing, the counsel for the petitioner submitted that order dated January 24, 2024 denies the permission for such gaming unit on the basis of surmises and conjectures that there may be possibility of peace and harmony being disrupted and gambling taking place.

After hearing both sides, the court said, "In light of the fact that gambling is prohibited, the permission was denied without going into the aspect that card games i.e. Poker and Rummy are absolutely a game of skill and not gambling."

The court directed the authority concerned to revisit the issue and pass a reasoned order after granting an opportunity of hearing to the petitioner within a period of six weeks.

However, the court made it clear that the permission being granted by itself would not prevent the authorities concerned to check on the aspect of gambling that may take place at a particular place and if the same happens, necessary action under law can always be taken by the authorities.

Cause Title: M/S Dm Gaming Pvt Ltd v. State of UP & Ors.

Appearance:

Petitioner: Senior Advocate Amit Saxena, Advocates Yash Tandon and Rohit Sharma

Respondents: A.A.G. Praveen Kumar Giri, Advocate Gireesh Chandra Tiwari