A Game-Changer For India’s RMG Industry: Allahabad High Court’s Landmark Ruling Declares Poker & Rummy as Games of Skill

In a landmark judgment set to reverberate through the Indian gaming industry, the Allahabad High Court has definitively declared poker and rummy games of skill, not gambling. This ruling, delivered on August 29 in the case of M/S Dm Gaming Pvt Ltd vs. State of Uttar Pradesh and Others, is a significant triumph for the poker community and paves the way for a more favourable legal and business environment for skill-based games across the country.

The Battle For Golden Aces

The case stemmed from a petition filed by M/S DM Gaming Pvt Ltd, the company behind the Golden Aces brand set up by Deepak and Mukesh Chawla, a pioneer in India’s live poker scene. Having faced operational hurdles in Bengaluru in the past, Golden Aces was determined to establish a new poker room in Agra. However, the Agra City Commissionerate denied permission, citing concerns about potential disruptions to peace and order and the possibility of illegal gambling.

Golden Aces, represented by Senior Advocate Amit Saxena, along with Advocates Yash Tandon and Rohit Sharma, challenged this decision, arguing that the denial was based on mere speculation and ignored well-established legal precedents that recognize poker and rummy as games of skill. The petitioners relied on the Supreme Court’s judgment in State of Andhra Pradesh v. K.S. Sathyanarayana (AIR 1968 SC 825) and the Madras High Court’s decision in Junglee Games India Private Limited v. State of Tamil Nadu (W.P. No. 18022 of 2020) to bolster their case.

The Court’s Decisive Verdict

The Division Bench of the Allahabad High Court, comprising Justices Shekhar B. Saraf and Manjive Shukla, delivered a powerful verdict that could reshape the Indian gaming landscape. The court sharply criticized the authorities for denying permission without any substantial evidence, relying solely on “clairvoyance” and assumptions. The court stressed the need for “hard facts” to justify any decision impeding recreational gaming activities.

The judgment also underscored that granting permission for skill-based games like poker and rummy does not prevent authorities from taking action against any illegal gambling activities that may occur. This approach is balanced, recognizing the legitimacy of skill-based games while maintaining the power to curb illegal gambling.

Echoes of Calcutta & Karnataka: A Growing Consensus

The Allahabad High Court’s ruling aligns with similar judgments by the Calcutta and Karnataka High Courts, creating a growing legal consensus in favour of skill-based games. The Calcutta High Court, in the case of the Indian Poker Association v. The State of West Bengal, also recognized poker as a game of skill. Similarly, in the All India Gaming Federation v. State of Karnataka, the Karnataka High Court quashed amendments to the Karnataka Police Act that sought to ban online games involving wagering or betting, including games of skill. These judgments collectively demonstrate a shift in the legal perspective towards skill-based games in India.

A New Dawn for Poker in India

For Golden Aces, this is a monumental win. The company, having faced setbacks in its quest to promote poker as a legitimate skill-based game, now stands at the forefront of a changing legal landscape. With the green light to operate its poker room in Agra, Golden Aces becomes India’s first commercial card room to offer games of skill like poker and rummy legally in the city. This sets a powerful precedent for other operators and could spark a surge in poker rooms and tournaments across the country, particularly in the north.

The Agra poker room is located on the 1st Floor, Arvind Innov8, Fatehabad Road, opposite Trident Hotel, Agra, Uttar Pradesh – 282001.

Moreover, this ruling has far-reaching implications for the Indian gaming industry as a whole. By reinforcing the distinction between games of skill and gambling, the court has opened doors for greater regulatory clarity and a more supportive environment for the burgeoning skill-based gaming sector. This could attract more investment, innovation, and job creation in the industry, contributing significantly to the Indian economy.

A Victory for Skill and Strategy

The Allahabad High Court’s judgment is a testament to the evolving understanding of poker and other skill-based games in India. It recognizes that these games are not merely games of chance but involve significant skill, strategy, and mental acuity. This validation is crucial for the continued growth and acceptance of poker as a legitimate sport in India.

As India navigates the complex landscape of gaming regulations, this ruling will undoubtedly serve as a guiding light. It represents a significant stride towards a future where skill-based games are recognized, respected, and allowed to flourish within a well-regulated framework.