Madras High Court Issues Notice On Online Gaming Company’s Plea Against CB-CID Notice Over Gamer's Suicide

Justice G Chandrasekharan has directed the Tamil Nadu Government, CB-CID and Chennai police to file their counters by March 14.

After the suicide of one Manikandan, an online rummy player, who had also killed his wife and two children before taking his own life, the investigating agency sent a notice to the gaming company stating that the company had been charged under Section 302 of the IPC. Along with this, the agency also sought details of bank statements of the company, details of games played by the deceased, details of persons who had played against him etc. The investigating agency had also sough details into the company’s turnover and its operations.

The company claimed that charging it with Section 302 was “ex-facie absurd” and “untenable” and that the State was trying to indirectly achieve a total ban of online gaming involving pure and substantive skill after failing to achieve it directly.

The company also submitted that the materials sought for by the agency had no relevancy to the enquiry conducted and that it was merely embarking on a fishing expedition underthe guide of inquiry. Further, the agency was sending reminders to the employees of the company on Whatsapp to reply to the notice which was nothing but an abuse of power.

The company also submitted that the investigating agency was carrying out the investigation with a pre-determined conclusion. The agency has already concluded that the death of Manikandan was allegedly caused due to “Rummy Circle”, the petitioner’s gaming platform and now were carrying on inquiry to frame and construct supporting evidence.

The company also pointed out that though Manikandan had committed suicide in 2022, he had last played the game only in 2017. Thus, while the deceased had not utilised the company’s platform for almost 5 years, the agency was still trying to conclude that the death was due to online gaming which was arbitrary, illegal and violative of Article 14 and 19.

Thus, the company had sought to quash the notices issued by the investigation agency and to direct the investigation agency not to harass the company or its employees.

Case Title: Play Games 24x7 Private Limited and another v State of Tamil Nadu and others

Case No: WP 7693 of 2023