[Landmark Decision] “Poker And Rummy Are Games Of Skill, Not Gambling”: Allahabad High Court

The Allahabad High Court held that poker and rummy are games of skill, not gambling. The petitioner argued that the denial of permission was based solely on the presumption that these games might disturb public peace and harmony or be considered gambling.

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Prayagraj (Uttar Pradesh): In a landmark decision, the Allahabad High Court ruled that poker and rummy are games of skill rather than games of chance, firmly distinguishing them from gambling.

This significant judgement was delivered by a division bench consisting of Justice Shekhar B Saraf and Justice Manjeev Shukla, responding to a petition filed by DM Gaming Private Limited. The company had challenged an earlier decision by the Agra City Commissionerate, which denied it permission to operate poker and rummy as a gaming unit.

The petition from DM Gaming Private Limited was submitted under Article 226 of the Constitution. It contested the decision made by the Deputy Commissioner of Police, City Commissionerate of Agra, on January 24, 2024, which refused permission for the company to offer poker and rummy, citing concerns about public order and potential violations of gambling regulations.

The petitioner argued that the refusal was based on unsubstantiated assumptions. The order had presumed that these games might “disturb public peace and harmony” or be interpreted as gambling, without providing concrete evidence to support these claims. The counsel for DM Gaming emphasized that the authorities had failed to differentiate between skill-based games and gambling.

In its plea, the company cited legal precedents, pointing out that the Supreme Court, as well as other High Courts, had previously recognized poker and rummy as games of skill.

The petitioner highlighted that-

“the refusal to grant permission was based on the assumptions that such games could disturb peace and harmony or they may be considered gambling,”

-thus lacking any legal basis.

The Allahabad High Court reinforced this argument, stating that

“poker and rummy are games of skill and not gambling,”

-drawing on previous Supreme Court judgments and other High Court rulings.

The court emphasized that the primary legal question at hand was whether these two games could be classified as gambling or should be acknowledged as skill-based activities.

The petitioner’s counsel further argued that the denial from the Deputy Commissioner of Police was rooted in “conjecture,” with no tangible evidence to support the claim that allowing such games would disturb the peace or encourage gambling.

They pointed out that-

“such assumptions do not constitute a valid legal ground for refusing permission.”

The bench underscored the importance of a thorough and fact-based examination of such matters. It ruled that authorities should not deny permissions based on speculation or presumption, stating that-

“refusal of permission on the basis of mere speculation by the concerned officer cannot be sustained.”

Furthermore, the court clarified that the denial to allow recreational gaming activities like poker and rummy must be “supported by concrete facts” presented by the officer. The judgement also made it clear that granting such permissions does not hinder authorities from conducting regular checks to ensure that illegal gambling activities are not taking place.

In conclusion, the court directed the concerned authority to reconsider the matter and to issue a “reasoned order” after giving the petitioner an opportunity to present their case. The entire process was ordered to be completed within six weeks of the judgement.

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