SURINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition deserves to be dismissed for manifold reasons recorded in this order.

(2.) The first reason is that invocation of the fundamental right "to practice any profession or to carry on any occupation, trade or business" by the petitioners guaranteed under Articles 19 (1) (g) or the freedom of "trade, commerce and intercourse" preserved under Article 301 of the Constitution is wholly misconceived in the context of trade of betting and gambling including the business of Online Lotteries in view of the authoritative judgment of the constitution bench in The State of Bombay v. R. M. D. Chamarbaugwala, AIR 1957 SC 699 the Supreme Court holding that such activity is extra-commercium and hence not included within the meaning of 'trade, commerce or intercourse' and hence no citizen has a fundamental right to do business in gambling or lotteries. Lotteries business is regulated by the State Governments by policies framed in this behalf. The Online Lottery policy has not been placed on record for the perusal of the Court. As a matter of fact, I believe there would be no need to look at the policy in view of the nature of the prayers made in this petition asking the indulgence of this Court for a general and aimless direction to the police authorities in Bhatinda not to harass the 15 petitioners who have approached this Court without laying any foundation for such a request in running their businesses.

(3.) A vague statement and bald one has been made in paragraph 16 of the petition [pointed out by the counsel that the local police has time and again raided the premises of the "petitioner" and has shut and padlocked the shops run by the petitioner/s depriving them to carry on their trade. No date or time is averred in the body of the petition which is hopelessly drafted only for filing purposes. I have peered through and beyond the petition but find nothing substantial to evoke judicial interest.