Karnataka High Court Extends Interim Order Restraining Police From Taking Coercive Against Dream 11 Founders

Justice Sreenivas Harish Kumar in his order said,

"The interim order is extended till the next date of hearing. AGA informs the court that Advocate General will address arguments in the matter. The Government pleader also wants to file a statement of objections. List after two weeks."

During the hearing the court said it has not stopped the investigation from going on but only restrained from taking any coercive steps (arrest).

The Annapoorneshwari Nagar police station had registered the FIR under sections 79 and 80 of the Amendment Act based on a complaint filed by one Manjunath, a resident of Nagarbhavi in Bengaluru, on October 7.

The petition stated that the case registered by the respondent police suffers from want of sanction of law and as such deserves to be quashed in limine.

Senior Advocate C V Nagesh appearing for the petitioners argued that, "The complaint makes out no offence against the accused. Rather the complainant has been chosen to make mere bald, omnibus and vague allegations to the effect that the petitioners being founder and directors of the company which has developed the Dream 11 platform."

The plea also states that the activity of fantasy sports has been held as a game of skill and certainly not one in the nature of gambling, betting or wagering by various high courts.

The complainant on the other hand said the Karnataka government made amendments to the Karnataka Police Act, 1963, prohibiting the online games of chance and skill where money is risked.

He had searched the Google Play Store to know how many online games are withdrawn. Many companies have blocked their mobile applications except 'Dream 11'. The complaint said, they have continued betting on online games by promoting their online mobile gaming application called 'Dream 11'. The people are still putting and risking their money by creating their own fantasy cricket team and losing huge amounts of money giving a chance to the accused to earn unlawfully, the complaint added.

Another bench of the High Court is hearing a batch of petitions filed challenging the constitutional validity of the Karnataka Police (Amendment) Act, 2021, by which the State government has banned all online gambling and betting, and provide maximum imprisonment of three years and penalty upto Rs 1 lakh for violation of the provisions.

Recently, the Supreme Court upheld a Rajasthan High Court order dismissing a PIL seeking ban of online game known as "Dream 11".