The Rajasthan High Court has held that the mere skill will not fall within the activity of gambling or betting.
The PIL has been filed by the petitioner claiming himself to be a resident of Ajmer City, involved in the business of imparting education by way of coaching to the youth of Ajmer City.
The grievance raised in the present petition is in respect of the online game known as “Dream 11” and the said online game is alleged to be betting of the cricket team and amounting to gambling. The petitioner has submitted that public, in general, is cheated in the name of “Dream 11” game and people become the culprit of gambling and betting without having the proper knowledge of the law. The petitioner has submitted that by permitting “Dream 11” game to be played, the respondents are committing the offence of gambling and betting.
The division bench comprising of Chief Justice Inderjit Mahanty and Justice Ashok Kumar Gaur has pronounced the judgement on a Public Interest Litigation.
Section 12 of the Rajasthan Public Gambling Ordinance, 1949, the game involving “mere skill” is exempted from the applicability of the Act/Ordinance.
The division bench observed that only if the result of the game/contest is determined merely by chance or accident, any money put on the stake with the consciousness of risk and hope to gain would be ‘gambling’ or ‘betting’.
While relying upon decisions in Varun Gumber Vs. Union Territory of Chandigarh , and Division Bench of the Bombay High Court in the case of Gurdeep Singh Sachar Vs. Union of India & Ors. [Criminal Public Interest Litigation Stamp No.22 of 2019] the court came to the conclusion that the game “Dream 11” and it has been found that “Dream 11” game does not involve any commission of the offence of gambling and betting.
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