Madras HC strikes down ban on online gaming of rummy, poker
Chennai, Aug 3: The Madras High Court on Tuesday struck down a recent amendment made to the Tamil Nadu Gaming Act, passed in 1930, which imposed a ban on online gaming of rummy and poker with stakes.
The first bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy quashed the amendment made this year while allowing a batch of PIL petitions from Junglee Games India Private Limited and others.
The bench declared as unconstitutional, Part II of the TN Gaming & Police Laws (Amendment) Act, 2021, which banned betting or wagering in cyberspace and also games of skill if played for a wager, bet, money or other stakes.
By imposing a wide ranging complete ban, the least intrusive test was violated and the ban had thereby fallen foul of Article 19(1)(g) of the Constitution (right to practise any profession, or to carry on any occupation, trade or business), the bench said.
The legislation assailed has to be regarded as something done capriciously and irrationally.
It was excessive and disproportionate, it said.
"This court, therefore, strikes down the amendment in its entirety as ultra vires the Constitution."
The bench, however, granted liberty to the State to pass another legislation, without any lacunae.
It added that nothing in this judgment would prevent the state government from introducing an appropriate legislation conforming to the Constitutional principles of propriety.
Earlier on July 26, when the court reserved its orders, Advocate General R Shanmugasundaram sought time to get instructions as to whether the new DMK government could amend the law, passed during the AIADMK regime in February this year, or promulgate an ordinance since the ban was imposed in public interest.
However, the court declined the request and said there was no scope for the court to await the government's decision after conclusion of arguments.
When the AG claimed that online games were susceptible to manipulation, the bench had quipped "you regulate it. You can't ban the games altogether".
Roland Landers, CEO, All India Gaming Federation, welcomed the ruling.
"We welcome the order of the Madras High Court, which iterates that the court is not against online gaming, and calls for the government to devise a regulatory framework to provide clarity to the sunrise online gaming industry with a view to encourage investments leading to technological advancements as well as generation of revenue and employment," he added.
He further said as the oldest online skill gaming industry body, the All India Gaming Federation has most of the stakeholders of the online gaming industry as its members.
"We at AIGF have been at the forefront of ensuring global best practices for its stakeholders through the self- regulation skill games charter that cover all aspects of the online gaming business, overseen by an advisory of experts.
To reinforce its process, AIGF has also partnered with Arthur D Little (ADL) and looks forward to wholeheartedly supporting and offering its expertise and experience if required to the government in this endeavour," he added.
In 2018, the All India Gaming Federation released the Skill games charter, which is based on the four foundations of integrity,legality, global best practices and good governance.
The charter focuses entirely on player protection, responsible gaming, including guidelines for marketing and advertising, AIGF said in a press release.
Through the adoption of principles and the disciplinary process, the AIGF has built a self-regulatory community and facilitative ecosystem for the offer of online games of skill in a transparent and fair manner, with due regard for consumer and stakeholder interests, it claimed in the release.
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EC demands extra security as unrest grips Bangladesh afresh
Dhaka (PTI): The Election Commission (EC) has demanded extra security for its chief, other commissioners and officials as fresh unrest visibly gripped Bangladesh after gunmen shot an upcoming parliamentary polls candidate and frontline leader of last year's violent street movement dubbed 'July Uprising'.
"The EC has written to the Inspector General of Police (IGP) urging comprehensive security arrangements for the Chief Election Commissioner (CEC), Election Commissioners (ECs), senior officials of the Election Commission Secretariat," the state-run BSS news agency reported on late Saturday.
The EC simultaneously sought the extra security for its field-level offices ahead of the 13th national election, as two of them came under attack in southeastern Lakshmipur and southwestern Pirojpur by unidentified miscreants after the announcement of the schedule for the upcoming polls on Thursday.
The commission demanded an additional escort vehicle for the CEC, while one such police escort with a vehicle was currently in place for him. It asked for round-the-clock police escorts for the four commissioners and the senior secretary.
The letter said the enhanced security measures were "urgent and necessary," while EC officials said their 10 regional offices, 64 district election offices and 522 sub-district level offices would store important documents and election materials.
The EC on Thursday said the upcoming parliamentary election would be held on February 12 next year, while a day later, Sharif Osman Hadi was shot from a close range in the head, critically wounding him, as he initiated his election campaign from a constituency in the capital.
Critically ill former prime minister Khaleda Zia's Bangladesh Nationalist Party (BNP) simultaneously asked Muhammad Yunus' government to provide security for all candidates in the upcoming election after the attack on Hadi, who leads a radical right-wing cultural group called Inquiab Mancha.
"We demand that the real culprit be identified immediately and brought under the law, and we call upon this government to ensure the security of all candidates without delay," BNP Secretary General Mirza Fakhrul Islam Alamgir said.
Hadi was also a frontline leader of last year's student-led violent uprising that toppled then-prime minister Sheikh Hasina’s Awami League government on August 5, 2024.
His Inquilab Mancha was also at the forefront of a campaign to disband the Awami League, which the interim government complied with in May this year, disqualifying the party from contesting the polls.
The government on Saturday ordered a nationwide security clampdown called 'Operation Devil Hunt 2' amid escalated fears over the law and order situation and promised to issue firearms licenses for election candidates for their own security.
Home adviser (retd) Lieutenant General Jahangir Alam Chowdhury said the government had taken steps to ensure special security for the "frontline fighters" of the July Uprising and promised to issue firearms licenses for the election candidates.
He emphasised that the second phase of the 'Devil Hunt' was aimed at helping ensure public safety and combat the growing threat of illegal arms.
The operation was initially launched in February this year following protests over an attack on the private house of a former minister of the ousted government in the northern suburb of the capital, when it targeted alleged "henchmen" and supporters of the now disbanded Awami League.
