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The Bombay High Court (Aurangabad bench) recently has asked the Maharashtra government to explain its stand on the poker game, played online and offline.

The division bench of Justices VK Jadhav and SC More sought reply from Maharashtra government and observed that,

"We need to understand the stand of State of Maharashtra as to whether this poker game is a gambling or it is a game of skill.”

The petition has been filed by one social activist Munawar Ahmed who sought restraint on the “illegal activities” which were contrary to larger public interest. it is known that gambling is illegal in Maharashtra and the law requires the state government to act against agencies promoting it. 

The Plea sought the High Court's intervention alleging inaction of the state government against the game of poker being played through online and offline avenues.

According to news reports, he alleged that it was an illegal activity as per the Bombay Prevention of Gambling Act. Thus, a restraining order prohibiting poker game played through such means was sought in the plea.

The plea filed through advocate Ajay Deshpande(for petitioner), claimed that due to the inaction of Maharashtra government, several private companies got involved in the illegal activity under the pretext of passing off the game as a "game of skill" despite knowing that the game was about betting and wagering.

The petition claimed that as the respondents conducted these activities in contravention of statutory provisions, they could not invoke the fundamental right to freedom of trade as granted under Article 19(1)(g) of the Constitution of India.

The advocate claimed that the petition was important as the government failed to take necessary steps for enforcement of the Bombay Prevention of Gambling Act in order to restrain the conduct of the game of poker through online and offline avenues.

The plea sought directions to the Maharashtra government to take appropriate steps for the enforcement of the Bombay Prevention of Gambling Act.

On the other hand, the government pleader MM Nerlikar appearing for the Maharashtra government sought time to file reply. The matter will be heard next on February 8.

 [Case Title - Munawar Ahmed v State of Maharashtra]