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2022 Supreme(Kar) 326

RITU RAJ AWASTHI, KRISHNA S.DIXIT
ALL INDIA GAMING FEDERATION, THANE – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
Advocate Appeared:
C. Aryama Sundaram, D.L.N. Rao, V. Srinivasa Raghavan, Mukul Rohtagi, Sajjan Poovayya, Abhishek Manu Singhvi, Lakshmy Iyengar, Gopal Jain, Pradeep Nayak, Anupama Hebbar, Sankeerth Vittal, Siddharth Aiyanna, Dheeraj Murthy, Rohini Musa, Vidushpat Singhania, P.K. Arjun, Shambhavi Sinha, Akhil Anand, Pratibhanu Khadra, T.S. Suresh, Akash B. Shetty, Shrishail Shivabasappa Navalgund, A.S. Vishwajith, Vikram Unni Rajagopal, Gautam Shreedhar Bharadwaj, H.M. Siddharth, Sahan Mukherjee, Ravi Sehgal, Abhishek Malhotra, Ricab Chand, Prabhuling K. Navadagi, Rohan Veeranna Tigadi.

JUDGMENT :

Dixit Krishna Shripad, J.

1. The tickling tone for this judgment can be set by what Lord Denning had humoured in Tote Investors Ltd. vs. Smoker (1968) 1 QB 509:

    "..The defendant has in the past occasionally had a wager on a horse-race. Today she has been taking part in another game of chance or skill - the game of litigation."

2. All these petitions by the companies and individuals involving substantially similar questions of law and facts seek to lay a challenge to the validity of the Karnataka Act No. 28 of 2021 (hereafter 'Amendment Act') whereby the KARNATAKA POLICE ACT , 1963 (hereafter 'Principal Act') has been amended; the cumulative effect of these amendments, according to them, is the criminalization of playing or facilitating online games. After service of notice, the respondents having entered appearance through the learned Advocate General have filed their common Statement of Objections and Addl. Statement of Objections resisting the challenge.

II. A BRIEF DESCRIPTION AS TO WHO THE PETITIONERS ARE:

3. Petitioners in W.P. No. 18703/2021 and W.P. No. 19322/2021

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