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Synopsis

In a significant order, the Allahabad High Court recently underscored that card games like Poker and Rummy are games of skill, emphasizing the need for concrete evidence when denying gaming permits.

The case involved a petition challenging the refusal of a gaming license by the Agra City Commissionerate's office.

The petitioner, M/S Dm Gaming Pvt Ltd, seeking permission to operate a gaming unit for Poker and Rummy, argued that these card games are based on skill, not chance, citing previous rulings from the Supreme Court and the Madras High Court.

The authorities, however, denied the permit, citing concerns over potential disruption of peace and possible illegal gambling.

The division bench comprising Justice Shekhar B. Saraf and Justice Manjive Shukla, found this reasoning insufficient, stating that mere speculation without "hard facts" cannot justify such a denial. Court emphasized that officers must carefully consider legal precedents before rejecting gaming applications.

"We are of the view that the officer concerned should look into the aspect after examining the judgements of Hon'ble Supreme 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,' said the court.

While the court noted that the authorities retain the right to monitor and take action against any illegal gambling, they directed the Agra Commissionerate to revisit the case and issue a reasoned order within six weeks, granting a fair hearing to the petitioner.

Case Title: M/S DM Gaming Pvt Ltd v. State of UP