Gambling in Clubs: SC stays HC order for taking action

The Supreme Court yesterday stayed a High Court directive that asked law enforcement agencies to take immediate action against clubs, seize gaming equipment and prevent people from playing games at clubs.

The apex court, however, upheld the rest of the HC verdict which observed that games played with money at stake and dependent on luck rather than skills are gambling and punishable offences.

A seven-member bench of the Appellate Division led by Chief Justice Syed Mahmud Hossain passed the order after two leave to appeal petitions were filed by eight clubs, including Dhaka Club, Gulshan Club, and Uttara Club, challenging the HC's February 10 verdict.

The SC stayed the HC directive over the seizure of gambling equipment and preventing people from playing such games at clubs as barrister M Amir-Ul Islam, who stood for the clubs, told the court that clubs are private places, not public places, and law enforcers could arbitrarily harass people due to the HC directive.

The top court also allowed the clubs to move an appeal before the court against the verdict.

Masood R Sobhan, a lawyer representing the clubs, told The Daily Star that following the appeals, which will be moved later, the SC may issue a guideline on which games could be played and which games could not be played at the clubs.

Meanwhile, writ petitioners' counsel Redwan Ahmed Runjib told this correspondent that the apex court yesterday upheld the HC verdict, except one directive over the action of law enforcement agencies.

Following his writ petition, the HC on February 10 observed that the games played with money at stake and dependent on luck rather than skills are gambling.

It said playing such games and organising them were punishable offences, but excluded authorised lotteries.

However, the games will be allowed when played without money or valuables at stake, the HC added.

It is expected that the government will seriously consider amending the law so that the prohibition applies equally to all, irrespective of their financial and social status, the full text of the verdict read.

"The above-mentioned games, namely nipun khela 1-10, 1-8 charchari, dice, bingo, three cards, flash, poker and any other games (except government authorized lottery) played physically, electronically or by any other instruments, the outcome of which predominantly depend on luck and not on skill, are gambling.

"Accordingly, owning, occupying any place of such games and any instruments and allowing such games to take place, is an offence under the law of the land," it read.

It added: "Raffle draws/coupons given as a side-product of door tickets for attending picnics or to purchase any products from shopping malls, the dominant intention/purpose in those cases being to attend picnic or to purchase products, do not come within the mischief of gambling."

"Keeping any place or office for drawing lottery, not being authorised by government, is an offence punishable under section 294 A of the Penal Code, 1860."

Law enforcement agencies are directed to take immediate actions for seizure of clubs, gaming equipment and prevent people from playing such games at clubs, the HC said in the full text.

The HC also said the government should think seriously about increasing punishment for gambling as the present punishments are lenient, considering the financial and other status of the people who are commonly engaged in those games.

Rokanuddin Mahmud and Fida M Kamal appeared for the clubs while Attorney General Mahbubey Alam represented the state.