The Allahabad High Court has delivered a landmark ruling, declaring that poker and rummy are games of skill rather than gambling. This significant judgment was passed on Wednesday by a division bench comprising Justice Shekhar B Saraf and Justice Manjeev Shukla.
The court’s decision came in response to a petition filed by DM Gaming Private Limited under Article 226 of the Constitution. The company had challenged an earlier order from the Agra City Commissionerate that denied them permission to operate poker and rummy as a gaming unit.
At the heart of the legal dispute was the question of whether poker and rummy could be classified as gambling or recognized as games of skill. The petitioner argued that the denial of permission, issued by the Deputy Commissioner of Police, City Commissionerate of Agra on January 24, 2024, was based solely on the presumption that these games might disturb public peace and harmony or be considered gambling.
Citing precedents set by the Supreme Court and other High Court rulings, the petitioner’s counsel contended that poker and rummy are indeed games of skill. They argued that the refusal to grant permission was based on conjecture rather than factual evidence, which does not constitute a valid legal ground for denial.
The High Court bench agreed with this argument, emphasizing that authorities should thoroughly examine such matters and not deny permission based on mere speculation. “Refusal of permission on the basis of mere speculation by the concerned officer cannot be sustained,” the court said. It further added that any refusal to allow recreational gaming activities must be supported by concrete facts presented by the officer.
In its ruling, the court directed the concerned authority to reconsider the matter and issue a reasoned order after giving the petitioner an opportunity to be heard. This process is to be completed within six weeks from the date of the judgment.
The court further said that refusal to allow recreational gaming activities must be supported by concrete facts presented by the officer. Granting permission to operate poker and rummy gaming units would not prevent the authorities from monitoring the premises for illegal gambling activities.
(Inputs from ANI)
