Following the submission of a committee’s report on whether Online Rummy is a game of skill or chance, the Supreme Court has directed the Andhra Pradesh High Court to review the issue. The case is between the State of Andhra Pradesh and Play Games 24 and 7 Private Limited.
As there was no information available on how Online Rummy is played, the Andhra Pradesh government had petitioned the Supreme Court to overturn a High Court interim decision asking it to form a committee and provide a report on how it is played.
Justices JK Maheshwari and KV Viswanathan’s bench heard the case and asked the High Court to consider how the recently announced Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 will affect online gaming.
“We think it appropriate that the High Court would review all of the issues anew, uninfluenced by the findings recorded in the order, taking note of the amended rules, viz. Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023,” the order stated.
“The order impugned is interim in nature, asking the report from the Government; therefore, on producing the said report, the High Court would look into all the issues afresh, uninfluenced by the findings recorded in the order.”
Further, the court said that if the writ petition submitted by the respondent gaming businesses to the High Court is granted, the ruling made by the High Court “shall not be given effect for a period of three weeks.”
A Division Bench of the High Court issued the interim decision in question on January 31 of this year in response to a number of petitions contesting changes to the Andhra Pradesh Gaming Act, 1974’s provisions.
Despite being a game of skill and being excluded from the Act’s jurisdiction, Online Rummy, according to a number of gaming sites, now attracts fines as a result of changes made to Section 15 of the 1974 Act.
Although there is adequate evidence in the form of court rulings to demonstrate that rummy played in person is a “game of skill,” the High Court ruled that there is insufficient evidence to demonstrate whether online rummy is a “game of skill” or a “game of chance.”
The High Court also said that it may not be appropriate for it to reach a judgement about contested factual features without first understanding how it is played and the operator’s working style.
As a result, it mandated the creation of a committee to investigate these issues, which would include members from the legal, technical, and non-technical fields as well as a police officer and a government official.
The committee was mandated to look into the rules of playing online rummy and present a report.
For the Andhra Pradesh government, attorneys Mahfooz Ahsan Nazki, Polanki Gowtham, KV Girish Chowdary, Niti Richhariya, Rajeswari Mukherjee, and Meeran Maqbool appeared.
Representatives for the responding gambling corporations were Senior Advocate Sajan Poovayya, Advocates Durga Bose Gandham, Sanjanthi Sajan Poovayya, Himanshu Vij, and Akhil Anand.
Written by Anamika Parasher of Jagran Lakecity University (LLB 5th semester )an intern under Legal Vidhiya
