The Madras High Court on Monday directed the State government to file its counter affidavit to writ petitions filed by three online games portals challenging the constitutional validity of an Ordinance promulgated on November 21 banning all games, including rummy, played with stakes on cyberspace.
The third Division Bench of Justices R. Subbiah and C. Saravanan asked Advocate General Vijay Narayan to make sure that the counter was filed before December 21 and served in advance on senior counsel Mukul Rohatgi and P.S. Raman, representing the petitioner companies Junglee Games, Play Games and Head Digital Works.
Mr. Raman told the court that the Supreme Court had categorically held that rummy was a game of skill and not a game of chance.
The legal position laid down about five decades ago continued till date, with various High Courts taking a similar view. He wondered how such a game could suddenly become illegal when it was played online.
In his submissions, Mr. Rohatgi said online rummy was the same as offline rummy. “There is no betting or gambling at all. It is not like three card flush,” he told the Bench and contended that the State government could enact a law or promulgate an Ordinance only if gambling or betting was involved in it and not otherwise. On the other hand, the AG urged the court to grant him two weeks since the State wanted to place a lot of materials to show the serious consequences of permitting online games played with stakes. He said children in the 15-17 age group and the youth were spending their entire savings and time in playing such games.
Special senior counsel for the State government A.L. Somayaji said a game played with stakes could never be termed to be a game of pure skill. The writ petitions, falling under the first Division Bench’s portfolio, were listed before the third Bench since Chief Justice Amreshwar Pratap Sahi did not take up judicial work on Monday.
