Poker and rummy are games of skill, not gambling: Allahabad high court

“Hard facts are required to be brought on record by the officer to deny the permission for carrying out the recreational gaming activities,” it observed

The Allahabad high court has ruled that poker and rummy are games of skill, not gambling, and directed authorities concerned to revisit its order of denial of licence to them.

Playing Cards and Poker Chips (For representation)

The judgement was passed by a division bench comprising Justice Shekhar B Saraf and Justice Manjeev Shukla on Wednesday, on a petition filed by DM Gaming Private Limited, which challenged an order from the Agra City Commissionerate denying the company permission to operate poker and rummy as a gaming unit.

Disposing of the writ petition, the bench observed: “Upon considering 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”.

The petitioner was aggrieved by an order dated January 24, 2024 passed by the office of the deputy commissioner of police (DCP), City Commissionerate, Agra whereby it was denied licence to run a gaming unit wherein games such poker and rummy would be played. During the course of hearing, the counsel for the petitioner relied upon the judgement of the apex court in the case of the state of Andhra Pradesh Vs. KS Sathyanarayana AIR 1968 SC 825 as well as in the judgement of Madras High Court passed in Junglee Games India Private Limited vs. the state of Tamil Nadu (writ petition no- 18022 of 2020) and stated that poker and rummy were the games involving skill and not gambling.

He further submitted that the impugned (under challenge) order dated January 24, 2024 did not address any of the issues and simpliciter 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 (jua-satta) 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”.

In light of the above observation, 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 from date.

However, the court in its order dated August 29 made it clear that the permission being granted by itself would not prevent the authorities concerned to check on the aspect of gambling that might take place at a particular place and if the same happened, necessary action under law could always be taken by the authorities.