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The Bombay High Court on Wednesday directed online gaming platforms to respond to a Public Interest Litigation calling for a ban on platforms like Junglee Rummy and Rummy Circle.
The court said that the gaming platforms within a week have to state how the PIL is not maintainable and also have to state how online rummy is a game of skill and not a game of chance.
The court also granted a week to petitioner Ganesh Ranu Nanaware to file a rejoinder to the affidavits filed by the gaming platform. The matter will now be heard on October 16.
During the hearing on Wednesday before a two-judge bench of the court, comprising Chief Justice DK Upadhyaya and Justice MM Sathaye, senior advocates Naushad Engineer, Venkatesh Dhond, Darius Khambata and Parag Khandhar opposed the PIL and raised an issue about its maintainability.
Nanaware’s plea claimed that the two gaming platforms have led to addiction and financial losses for many users, some of whom have tragically taken their own lives.
“Youngsters are losing their money by playing rummy through these apps, and they are dying by suicide,” advocate Vijay Garad appearing for Nanaware argued.
As per the plea, the platforms violate several laws, including the Public Gambling Act of 1867, the Bombay Prevention of Gambling Act of 1887, and the Information Technology Act of 2000.
The plea contended that the platforms infringe upon the Indian Penal Code by promoting gambling, which is classified as a game of chance and is illegal in many regions of India. It added that information received under the Right to Information Act confirmed that no permission had been granted for such online gambling activities by the state government.
Nanaware alleged that endorsements of these platforms by celebrities like Sachin Tendulkar and Shah Rukh Khan have contributed to their popularity and the resulting social damage. Legal notices sent to Google India Pvt. Ltd., the service provider for these apps, requesting that they cease hosting the apps, went unanswered. This has allowed the operations of Junglee Rummy and Rummy Circle to continue, Nanaware contended.
In his plea, Nanaware has sought directions to the government to ban these apps and prevent Google India from providing server support.
He had also filed an interim application seeking action against celebrities like Sachin Tendulkar and Shah Rukh Khan who had endorsed the game.
This was, however, withdrawn today after the court observed that this could dilute the legal focus on whether online rummy applications are games of skill or chance.