Online Gambling : Karnataka High Court Seeks Response From Chief Secretary For Failure To Bring Regulation As Assured

A division bench of Chief Justice Abhay Oka and Justice Suraj Govindaraj (on June 29) said, "Even as of today, the State Government has not placed its stand on record. The State Government has not produced the decision of the Cabinet. The State Government has also not filed a statement of objections. Thus, there is a failure on the part of the State Government to abide by the assurance given to the Court as well as the directions issued by this Court from time to time. Hence, we have no option but to direct the Chief Secretary of the State Government to file an affidavit setting out the reasons why the State Government has not abided by its assurances and why the orders of this Court have not been complied with. The affidavit of the Chief Secretary shall be filed within a period of one week from today."

The bench gave the direction while hearing a petition filed by one Sharada D R who sought to ban all online betting and gambling. The bench in its order noted that "Notice was issued way back on 30th November 2020 with a direction to the State Government to file a statement of objections within six weeks. The said order records that no further time shall be granted. A statement of objections has not been filed till date. At least, till the second week of April 2021, the excuse of the second wave of COVID-19 was not available to the State. Even on 12th January 2021, an assurance was given to this Court to file a statement of objections within three weeks. That assurance has not been abided by."

It also referred to the orders passed earlier in the matter and said "Notwithstanding the clear direction issued in paragraph 3 of the said order, again on 22nd June 2021, time was sought by the State Government till today. Even as of today, the State Government has not placed its stand on record. The State Government has not produced the decision of the Cabinet. The State Government has also not filed a statement of objections. Thus, there is a failure on the part of the State Government to abide by the assurance given to the Court as well as the directions issued by this Court from time to time."

The petition states that the State of Karnataka remains in a regulatory vacuum. The gullible and hapless sections of society, particularly the youth, are falling prey to online gambling and betting in the midst of a pandemic situation.

The High Courts of Gujarat and Tamil Nadu have directed their respective jurisdictional state legislatures to explore the possibilities of regulating the regime. In these states there exists a central legislation. However, in Karnataka there is neither central legislation nor any regulatory regime.

Following the directions of the Kerala High Court, the Kerala Government recently made online gambling illegal. In November 2020, the Madras High Court had asked the Tamil Nadu Government to bring a law to curb online betting. Following that, the Tamil Nadu government brought an Ordinance recently. The Gujarat High Court had also passed a similar direction. Also, the Delhi High Court has directed the Union Of India & Delhi Government to treat a petition filed against online gambling as a representation and decide the grievances ventilated in the petition.

The matter will be next heard on July 8.