In a landmark decision, the Allahabad High Court ruled that poker and rummy are games of skill rather than gambling.

The judgment was delivered by a division bench consisting of Justice Shekhar B. Saraf and Justice Manjeev Shukla on Wednesday, in response to a petition filed by DM Gaming Private Limited.

The company had challenged an earlier order from the Agra City Commissionerate, which denied them permission to operate poker and rummy as a gaming unit.

DM Gaming Private Limited sought relief under Article 226 of the Constitution, contesting the January 24, 2024, order issued by the Deputy Commissioner of Police, City Commissionerate of Agra, which had refused to grant permission for operating poker and rummy as part of their business.

The petitioner contended that the denial of permission was based solely on the assumption that these games might disturb public peace and harmony or be classified as gambling.

Relying on precedents established by the Supreme Court and various High Court rulings, it was argued that poker and rummy are games of skill, not gambling.

The Allahabad High Court, referencing these decisions, reaffirmed that poker and rummy fall under the category of skill-based games, rejecting the notion that they constitute gambling or pose a threat to public peace and harmony.

The key legal question before the court was whether poker and rummy should be classified as gambling or recognized as games of skill.

The petitioner's counsel argued that the DCP's denial was based on mere speculation, without any factual basis to support the assumption that allowing these games would disturb public peace or promote gambling. It was asserted that such assumptions do not constitute a valid legal reason for refusing permission.

The bench emphasized that authorities must conduct a thorough examination of the matter and should not rely on conjecture to deny permission. The court held that refusal based solely on the speculation of the concerned officer is not legally sustainable.

The court further stated that any refusal to permit recreational gaming activities must be backed by concrete facts presented by the officer. It clarified that granting permission to operate poker and rummy gaming units would not hinder the authorities from monitoring the premises for illegal gambling activities.

The court directed the relevant authority to reconsider the matter and issue a reasoned order, ensuring that the petitioner is given an opportunity to present their case. This process must be completed within six weeks from the date of the judgment.