Person arrested by Delhi police files petition to legalise poker

The Delhi High court has admitted a petition seeking to recognize poker as a game of skill and not as gambling. The petition was filed by one Karan Mutha who along with six other persons was arrested in September 2016, from Greater Kailash-I of Delhi for playing poker. The petitioner told that an FIR was filed against him under Sections 3, 4 and 9 of the Delhi Public Gambling Act, 1955 for gaming inside a premises where the raid was conducted. However, the Delhi police have not specified the type of the game that was being played by the petitioner and other persons so arrested inside that premises. He has further requested the court to quash the criminal charges against him as he was merely playing poker inside the premises so raided. According to him, as per Section 13 of the Delhi Public Gambling Act 1955, poker is a game of skill and is exempted from the provisions of the Act. Therefore, he is not liable to be arrested on the ground of playing poker inside the premises. Mutha in his petition also stated that there are so many websites where people play online poker for stakes throughout the country, but no action is initiated against them. And merely because he was playing poker inside the close premises he has being arrested. According to him, poker is a game of skill and it should not be equated to gambling. Justice Mukta Gupta hearing the petition, has asked the police to file in the court a report of the investigation carried by them in this case. The court has also asked Mutha to produce a copy of the license, if any, so obtained for playing the game of poker. Recently, on December 10, the Delhi High court has held that playing rummy with small stakes from few annas to some rupees does not amount to gambling. It has passed the decision by quoting a 1967 Supreme court judgement that stated that rummy is not purely a game of luck and there is a preponderant element of skill involved and hence is exempted from any criminal prosecution. The game of poker has been recognised as a game of skill by the West Bengal statue and Karnataka High court. Delhi High court will now decide on its recognition. The next hearing of the case will be held on April 27, 2018.