Pauly Vadakkan vs State Of Kerala
2021 Latest Caselaw 4821 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

              THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

                                       &

                  THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

       WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942

                            WP(C).No.2096 OF 2021(S)

PETITIONER:

                PAULY VADAKKAN, AGED 50 YEARS, S/O. JOSEPH VADAKKAN,
                VADAKKAN HOUSE, ANNAMANADA P.O, THRISSUR DISTRICT,
                KERALA 680 741

                BY ADV. SRI.JOMY K. JOSE
RESPONDENTS:

       1        STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY TO THE
                GOVERNMENT, GOVERNMENT SECRETARIAT,
                THIRUVANANTHAPURAM 695 001

       2        SECRETARY TO THE GOVERNMENT, INFORMATION TECHNOLOGY
                DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT,
                THIRUVANANTHAPURAM 695 001

       3        THE KERALA STATE POLICE CHIEF,
                VATHUZHACAUD, THIRUVANANTHAPURAM 695 014

       4        THE TELECOM REGULATORY AUTHORITY OF INDIA (TRAI)
                MAHANAGAR DOOR SANCHAR BHAVAN, JAWAHARLAL NEHRU MARG,
                OLD MINTO ROAD, NEW DELHI 110 002

       5        PLAY GAMES 24 X 7 PRIVATE LIMITED,
                401, 4TH FLOOR, BUILDING NO. 16, WING B, INTERFACE COMPLEX,
                LINK ROAD, MALAD, MUMBAI MAHARASHTRA 400 067
                REPRESENTED BY ITS SENIOR VICE PRESIDENT

       6        MOBILE PREMIER LEAGUE, GALACTUS FUNWARE TECHNOLOGY
                LIMITED, REPRESENTED BY ITS DIRECTOR OM SAKTI HERITAGE RD,
                GREEN GLEN LAYOUT, BELLANDUR, BENGALURU,
                KARNATAKA 560 103

       7        VIRAT KOHLI (CRICKETER), DLF-CITY PHASE 1,
                UTTAM NAGAR, WEST DELHI, DELHI-110 059.

       8        AJU VARGHESE, PUTHUPARAMBIL HOUSE, THIRUNILATH ROAD,
                COCHIN UNIVERSITY P.O., KALAMASSERY, ERNAKULAM-682 022.
 WP(C).No.2096 OF 2021
                                      :: 2 ::




         9        TAMANNAAH BHATIA, D/O.SANTHOS, SHOP NO.72/74,
                  BUILDING NO.70, KANSARA CHAWL, KALBADEVI ROAD,
                  MUMBAI, MAHARASTRA-400 002.

                  BY ADV. SRI.ARAVINDA KUMAR BABU T.K., SR GP FOR R1 TO R3
                  SRI.S.SREEKUMAR(SR) FOR R5
                  R8 BY ADV. SRI.C.P.UDAYABHANU
                  R8 BY ADV. SRI.NAVANEETH.N.NATH
                  R8 BY ADV. SRI.BOBAN PALAT
                  R8 BY ADV. SRI.P.U.PRATHEESH KUMAR
                  R8 BY ADV. SHRI.RASSAL JANARDHANAN A.
                  R8 BY ADV. SHRI.ABHISHEK M. KUNNATHU
                  R8 BY ADV. SRI.P.R.AJAY
                  SRI. SANTHOSH MATHEW FOR R6
                  SRI.VIJAY V PAUL FOR R6
                  SRI.THOMAS KURUVILLA FOR R5
                  SRI.JOSEPH KODIANTHARA(SR) FOR R5
                  SRI.JAISHANKAR V NAIR, CGC FOR R4
                  R4 BY SRI.SUVIN R.MENON, CGC FOR R4

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.02.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2096 OF 2021
                                      :: 3 ::




                                  JUDGMENT

Dated this the 10th day of February 2021

S.MANIKUMAR, C.J.

The main concern raised by the petitioner in this Public Interest

Litigation is that there is no mechanism to monitor the online gambling

and online betting. Petitioner has sought for a declaration that playing

online gambling and online betting in Virtual Space, Cyber Space,

through Mobile Applications, as well as through computers, more

particularly "online rummy", be declared as unlawful and illegal.

2. He has also sought for a mandamus directing respondent

No.1/State of Kerala, represented by the Chief Secretary to the

Government, Government Secretariat, Thiruvananthapuram, to ban all

the forms of online gambling and online betting of any nature, until and

unless an appropriate regulatory regime is established and regulations

are framed by the 1st respondent regulating the functions and activities

of all the forms of online gambling and online betting.

3. Petitioner has submitted that the law relating to gaming in

Kerala, is mainly dealt with Kerala Gaming Act, 1960. However, the Act

does not extend its power to any gambling, wagering or betting games WP(C).No.2096 OF 2021 :: 4 ::

conducted through online platforms, by using electronic and

communication devices. The idea of Games, as envisaged under the Act,

exclusively includes those games that are conducted in a ''common

gaming house" by using "instruments for gaming" for the purpose of

accrual of profit or gain to the person owing, occupying, keeping such

instruments of gaming in the enclosed physical promise. Thus, there is

always an element of physical premise present in it. Therefore, the

online gambling games do not come under this legislation. According to

Mr.Jomy K. Jose, learned counsel for the petitioner, online gambling

platforms are engaged in illegal activities and they remain unchecked,

owing to deficiencies in the legal infrastructure. Gambling through

online platforms is now a growing menace in the State.

4. In support of his contentions, petitioner has relied on a decision

of the Madras High Court in D. Siluvai Venance v. State of Tamil Nadu

[2020 (3) MLJ (Crl) 710] and also a decision of Gujarat High Court in Amit

M. Nair v. State of Gujarat in Writ Petition (PIL) No.146 of 2020.

5. That apart, Mr. Jomy K. Jose, learned counsel for the petitioner

also submitted that the Government of Andhra Pradesh have

promulgated the Andhra Pradesh Gaming (Amendment) Ordinance, 2020 WP(C).No.2096 OF 2021 :: 5 ::

amending the Andhra Pradesh Gaming Act, 1974 and State of Tamil Nadu

is also contemplating a similar amending Act.

6. Learned Senior Government Pleader Mr.Aravinda Kumar Babu

submitted that online gambling and online betting are not included in

the Kerala Gaming Act, 1960. Law needs to be framed to bring this under

the Government's regulatory purview.

7. On 9.2.2021, when the matter came up for hearing, learned

Senior Government Pleader Mr.Aravinda Kumar Babu, on instructions,

submitted that respondent No.3/Kerala State Police Chief,

Vazhuthacaud, Thiruvananthapuram, has sent a proposal to the

Government to include online gambling and online betting under the

Kerala Gaming Act, 1960, and that the same is pending consideration in

the Law Ministry, Government of Kerala. Today, it is submitted by the

learned Senior Government Pleader that the said proposal is under the

consideration of the Government and a decision in this regard would be

taken, within two weeks from today.

8. Thus from the statement made on behalf of the Government it is

revealed that the existing law, does not bring online gambling or online

betting, within the purview of the Kerala Gaming Act, 1960, and WP(C).No.2096 OF 2021 :: 6 ::

inclusion of the same in the existing enactment is a legislative function.

9. Placing on record the submission of the learned Government

Pleader, Respondents 1 and 2 (Chief Secretary to Government, State of

Kerala and the Secretary to the Government, Information Technology

Department) respectively, are directed to take appropriate decision on

the aspect of inclusion of online gambling and online betting, within the

purview of the Kerala Gaming Act, 1960, within a period of two weeks

from today.

With the above directions, the writ petition is disposed of.

SD/-

S.MANIKUMAR CHIEF JUSTICE

SD/-

SHAJI P. CHALY JUDGE jes WP(C).No.2096 OF 2021 :: 7 ::

APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE REPORT PUBLISHED BY THE NEW INDIAN EXPRESS ONLINE DATED 03-01-2021

EXHIBIT P2 TRUE COPY OF THE ADVERTISEMENTS IN WHICH RESPONDENTS 7,8 AND 9 APPEARS.

// TRUE COPY //

P.S. TO JUDGE