2011 (11) TMI 873 - HC - Indian Laws

Summary

Issues involved:
The issues involved in this case include the legality of playing 13 cards game like Rummy with stakes in a registered association, allegations of gambling by the authorities, interference by the police in the activities of the association, and the rights and duties of the law enforcement agencies and the association.

Summary:

1. Background and Objectives of the Petitioner-Association:
The Petitioner-Association, registered under the Societies Act 1960, was formed in 1981 with various objectives including promoting friendship, organizing cultural events, and providing facilities for indoor games like Rummy without gambling. The association has conducted activities without complaints since its inception.

2. Allegations and Past Interference:
The Respondents, particularly the police, raided the association premises in 2011 alleging gambling during a Rummy game. Similar allegations were made in 2002 and 2004, leading to legal interventions and inspections. The association maintained that playing Rummy with stakes is a game of skill, not gambling.

3. Arguments and Counter Arguments:
The Respondents claimed that the association permitted gambling activities, citing a raid where cash and tokens were seized. They asserted that the association members were not playing Rummy but engaging in gambling for monetary gain. The association argued that Rummy is a game of skill, not chance, and should not be considered gambling.

4. Legal Position and Court's Decision:
The Court referenced a Supreme Court judgment stating that Rummy involves skill, not pure chance, and can be played with stakes. It emphasized that if illegal activities beyond Rummy were found, the police could take action. The Court directed the association to only allow Rummy with stakes, permitting police inspection if necessary, and advised against frequent disruptions by the authorities.

5. Conclusion:
The Writ Petition was disposed of with directions for the association to adhere to legal Rummy games, allow police inspection for unlawful activities, and for the police to act as per law without frequent interference. No costs were awarded, and the related Miscellaneous Petition was closed.