Shivani Gadhavi
Published On: February 14, 2022 at 14:03 IST
The Karnataka High Court on February 14, 2022 quashed certain provisions of the Karnataka Police (Amendment) Act 2021. These certain provisions of the Act under which the State Government banned online gaming, were found to be in violation of the Constitution of India by the High Court.
The Karnataka High Court Bench comprising of Chief Justice Ritu Raj Awasthi and Justice Krishna S Dixit was hearing Petitions filed by several Petitioners in the case of All India Gaming Federation V State of Karnataka, who were challenging the legality and constitutionality of the Karnataka Police (Amendment) Act, 2021 under which the State Government kept a ban on online gaming, betting and gambling.
Senior Advocates like Abhishek Manu Singhvi, Mukul Rahotgi, C Aryama Sundaram and D L N Rao were representing the Petitioners respectively. Advocate Sundaram pointed out, “He (player) is not wagering on somebody else’s skill. I (player) have to personally participate in a game which is a game of skill and then wagering thereon. The question is whether this will amount to gambling and fall under Entry 34 of List 2 of the Constitution.”
Senior Advocate D L N Rao also questioned the legal relevance of Amendment Act and pointed out that the Act is in direct violation of Article 19(1)(g) of the Constitution of India and stated that, “Prima facie case is made out and the whole amendment is without authority of law.”
On the other hand, Advocate General Prabhuling K Navadgi who was representing the Karnataka Government stated that, “This is not a disproportionate legislation. This legislation cannot be thrown out on the ground of legislative competence. Because it comes under Public order.”
In light of all the facts and arguments made, the Karnataka High Court Division stated that, “In the above circumstances these writ petitions succeed. The Karnataka Police (Amendment) Act 2021 to the extent provisions we have said, not the entire act is struck down is declared to be ultra vires to the constitution and struck down.”