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The Kerala High Court has held that playing rummy for stakes is an offence under the Kerala Gaming Act of 1960.
The court also added that rummy is a game of skill and that playing it for an innocent pastime is not a crime. This decision was adopted by the Division of Justices R Ramachandra Menon and N Anilkumar in a petition filed by a Secretary of a club against the alleged police harassment while visiting the club and booking cases against its members for playing rummy.
The Court had to address, inter alia, the question of whether the rummy is a game of skill or a chance liable to be regarded as gambling.
The Court appointed Advocate P N Sukumaran as amicus curiae to resolve the issue and observed that the Supreme Court in the State of Bombay v. R.M.D Chamarbaugwala and another (AIR 1957 SC 699) and R.M.D. Chamarbaugwala and another v. Union of India and another [AIR 1957 SC 628] has determined that gambling is not a trade and as such, is not protected under Article 19(1)(g) of the Constitution of India. The Court added that the competitions, which involve substantial skill are not considered as gambling activities.
The Apex Court interpreted the expression 'game of mere skill' in State of A.P v. K. Satyanarayana (1968 AIR 825) where it held that rummy was a game of skill. If there is evidence that any club owner earns a profit or gain from the game of rummy or any other game played for stakes, the offence of gambling is made out. The Kerala Act provides an inclusive definition of the common gaming house, which clearly includes any house, room, tent, enclosure, vehicle, vessel or place opened, kept or used or permitted to be opened, kept or used for the purpose of gaming. Gaming as per the Act means wagering, betting or gambling. The judgment by Justice N Anil Kumar mentioned that this definition of the common gambling house does not exclude the rummy for stakes within the club, even if the club is not profiting from the business.
In view of the various decisions of the Apex Court, there can be no doubt that playing rummy for stakes within the club premises is an offence, provided the Police conducted the search in accordance with Section 5 of the Kerala Act. The Division Bench also approved the Madras High Court decision in Director General of Police v S Dilibabu, which held that playing rummy as such does not constitute a crime, but playing it with stakes for money would amount to gambling.
The Court went on to say that the game was evil and gambling houses were thriving as a lucrative business and that the detection of the gambling was difficult. The Court had refused to prevent the police from visiting the club premises from time to time. The writ petition was disposed of directing the police would strictly follow the procedure as prescribed by the Kerala Gaming Act before conducting search, seizure or arrest.
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