32 Indian citizens busted by police in Ahmedabad for playing poker will have their day in court following a ruling from the state’s High Court ordering police to hold on pressing charges pending a hearing set for September 28.
On Friday, Justice A J Desai ruled that the police may continue their investigations, but restrained them from filing charges with the court until further notice.
The ruling followed a petition by the poker players for the case against them to be dismissed on grounds that poker is a game of skill and cannot be classified as gambling. In various states, concerned administrations and courts have held that poker is not gambling and the game is allowed to be played, the group’s legal representative argued.
The Gujarat High Court has also been approached by hospitality industry representatives seeking a declaration that poker is a game of skill falling outside the legal definition of gambling. Members of the industry are concerned about police raids on their premises, when permission to hold poker competitions has been denied.
The Punjab and Haryana high court handed down an important finding last week, ruling that daily fantasy sports activity is a skill-based form of gaming and therefore does not constitute gambling (see previous InfoPowa report).
The Times of India reports that Justice Amit Rawal opined that playing fantasy games online requires considerable skill, judgment and discretion, and that such games therefore cannot be considered gambling.