The Karnataka High Court recently sought the response of the State government in a public interest litigation (PIL) seeking ban on all forms of online gambling and betting till appropriate regulations are framed.
A Division Bench comprising of Chief Justice Abhay Shreeniwas Oka and Justice Vishwajit Shetty issued notice to the State Government in the plea.
The PIL, filed by one D Sharada has submitted that though there is a dire need for regulating online gambling and online games, the government has not created any regulatory regime or regulations for the same.
The plea raises concern that the gullible and hapless sections of the society, particularly the youth, are falling prey to online gambling and betting in the midst of the COVID-19 pandemic.
The petitioner further sheds lights on the fact that the High Courts of Gujarat and Tamil Nadu had recently directed their respective jurisdictional State legislatures to explore the possibilities of regulating the regime.
“However, Karnataka remains blissfully oblivious to regulating all forms of betting and wagering in cyberspace using computers or any communication device/resource... Great injustice will be caused in case these illegal and unregulated activities are not halted by this court. The loss can’t be compensated with money. Per contra, no hardship or loss will be caused to the government or others," the petition said.
That apart, the plea has also claimed that the State has no mechanism to monitor whether any online game or activity is a game of chance or involves skill.
Citing the example of the game, rummy, the plea submits that when played in offline mode, the same is game of skill but it may not hold true for the online mode.
The PIL also contends that writ courts have ample power to direct the State to regulate and monitor an activity impacting the social and economic health of the society, particularly during a pandemic situation.
The petition also informed the Court that a representation was submitted to the State in this regard urging the government to ban all forms of online betting and gambling on September 12, 2020. However, the petitioner received no response to the same prompting her to knock the doors of the Court.
Advocate Shridhar Prabhu is appearing for the petitioner. The matter will be heard next on January 12.m
[Read the petition]