Mumbai Aurangabad bench of the Bombay high court (HC) has asked the state government whether online poker amounts to gambling or it’s a game of skill.
The court has sought clarification following a public interest litigation (PIL) which sought a ban on companies promoting online poker games as people spend a lot of money on wagering and betting which is illegal as per the Bombay Prevention of Gambling (BPG) Act, 1887. The state has been asked to file its stand through an affidavit and posted the hearing of the PIL to February 8.
The division bench of justice V K Jadhav and justice Sandipkumar More, while hearing the PIL filed by Munawwar Ahmed through advocate Ajay Deshpande, was informed that some companies were hosting online poker games and passing them off as a game of skill. However, as the participants were expected to play using money, the companies were encouraging the illegal activity of wagering as well as betting.
The bench was informed that as per Section 3 of the BPG Act, gaming was defined as any form of wagering or betting except the wagering or betting on horse or dog races amounted to gambling. The petition has further stated that as the outcome of each round of the game depends on the luck of each player there is no element of skill involved and hence the claims of the companies offering the game are false and is an illegal activity as per Article 19(1)(g) of the Constitution.
The said Article while dealing with the right to practice any profession or undertake any trade or business states under subclause (g) that the Article does not confer the right to do anything considered illegal in the eyes of law. The petition states that as online poker game falls under the purview of section 3 of the BPG Act, the online poker game is illegal and the companies offering it should be restrained.
{{/usCountry}}The said Article while dealing with the right to practice any profession or undertake any trade or business states under subclause (g) that the Article does not confer the right to do anything considered illegal in the eyes of law. The petition states that as online poker game falls under the purview of section 3 of the BPG Act, the online poker game is illegal and the companies offering it should be restrained.
{{/usCountry}}The petition has further stated that the online game can become addictive and thus affect morality and to maintain public health, such companies offering online poker games should be restrained.
After hearing the petition, the bench asked the state to clarify its stand on whether it considered the game of poker to be gambling or a game of skill and sought an affidavit in reply on the same.
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