PAULY VADAKKAN Vs. STATE OF KERALA

JUDGEMENT

(1.) 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 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.