A bench comprising Chief Justice Ritu Raj Awasthi and Justice Krishna S Dixit, after hearing the gaming companies and the state government, reserved the case for orders. The bench also told the parties that they can file written submissions if they have anything more to say.
Senior advocate Mukul Rohatgi and others appeared for petitioners, while Advocate General Prabhulinga Navadgi appeared for the state government.
Karnataka’s legislation banning online gaming of chance, treating it as a menace is one of its kind in the country, and cannot be compared with legislation of other states. Therefore, they cannot draw references from judgements of other high courts in this case, he said.
He also said Indian Fantasy League is a game of chance that is camouflaged as a game of skill. Dr BR Ambedkar, the advocate general added, had explained that they had inserted gambling and betting in the Constitution so that governments could take steps to ban them.
The Karnataka government, on October 5,
notified the law banning betting and wagering in online games after Governor Thawar Chand Gehlot gave his assent. The Karnataka Legislature had passed amendments to the Karnataka Police Act, 1963 during its recent sitting.
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The state government has taken the stand before the court that its amendments do not ban online “games of chance” or “game of skill”, they restrain people from risking money “on the happening of an uncertain event and online platforms are prohibited from inducing gullible public with lure of unattainable prizes.”
Dream11 cofounders Harsh Jain and Bhavit Sheth, who were named in an FIR registered by the Annapoorneshwarinagar Police in October, however, enjoy protection from any coercive action, including arrest, by the Bengaluru Police as per a
relief granted by the high court.
