In a milestone judgment, the Allahabad High Court made it clear that poker and rummy are skilled games and not gambling. The division bench comprising Justice Shekhar B Saraf and Justice Manjeev Shukla passed the order on Wednesday.The court issued this order in response to an application filed by DM Gaming Private Limited. The company challenged an order from November 7, 2022, issued by the Additional District Magistrate, Agra. That order had rejected the company’s request to permit the operation of poker and rummy games.
DM Gaming Private Limited filed the petition under Article 226 of the Constitution, challenging an impugned order dated January 24, 2024, issued by the Deputy Commissioner of Police, City Commissionerate of Agra. This has denied the firm the license to run poker and rummy games as part of a gaming unit.
The petitioner argued that the refusal was based solely on speculation. They claimed that the authorities assumed these games would disrupt public peace and might be classified as gambling. They thus contended that such surmises were bereft of factual believability.
The Allahabad High Court referred to various precedents established by the Supreme Court and other High Courts, which classify poker and rummy as skill games. Consequently, the petitioner’s counsel argued that the DCP’s denial was speculative. They asserted that the denial lacked a reasonable basis, as it did not provide concrete evidence that allowing these games would harm public order or promote gambling.
Moreover, the division bench emphasized that decisions must be based on factual evidence, not mere conjecture. Therefore, the court stressed that regulatory decisions should rely on solid information rather than speculative assumptions. To deny permission on speculative grounds alone would be unsustainable, they said. Refusal of permission to gaming for recreation is to be based upon definite evidence presented by the officer concerned.
The court added that allowing poker and rummy playing units does not prevent authorities from conducting checks for illegal gaming. Additionally, the judgment clarified that authorities must provide valid reasons for any refusal and avoid making unverified assumptions.
The Allahabad High Court has now directed the concerned authority to reconsider the matter. Specifically, the court ordered the authority to make a reasoned decision within six weeks of the judgment. Consequently, this timeline ensures that the petitioner has a fair opportunity to present their case.
Furthermore, this ruling marks a radical shift in how such games are classified. The court has determined that poker and rummy are indeed games of skill, not gambling. Thus, by emphasizing that regulatory decisions must be based on concrete evidence, the court has set a clear precedent for future cases involving similar gaming activities.
ANI
