In a notable ruling, the Allahabad High Court has declared that poker and rummy are games of skill, not gambling.
The decision came from a division bench of Justice Shekhar B Saraf and Justice Manjeev Shukla in response to a petition by DM Gaming Private Limited, challenging a previous order from the Agra City Commissionerate that denied the company permission to run poker and rummy as gaming units.
DM Gaming had filed the petition under Article 226 of the Constitution, opposing the Deputy Commissioner of Police’s January 2024 order, which refused the company’s request to operate these games. The company’s argument was that the denial was based purely on the assumption that these games could disturb public peace or be classified as gambling.
Referencing rulings from the Supreme Court and other High Courts, DM Gaming emphasized that poker and rummy are widely recognized as games of skill, not luck-based gambling. They argued that the refusal of permission lacked factual support and was based on mere speculation.
The court agreed, stating that decisions should not be made on conjecture and that authorities must carefully assess the situation before denying such requests. The bench ruled that rejecting permission based on assumptions alone is not legally valid.
Additionally, they highlighted that any refusal to allow gaming activities must be backed by concrete facts from the concerned officer.
The court ordered the authorities to reconsider the petition, give the company a fair hearing, and issue a reasoned decision within six weeks. It also clarified that allowing poker and rummy does not prevent officials from monitoring for any illegal gambling activities.
