Ratio
Playing rummy with stakes amount to gambling and an offence.

D. MURUGESAN, J.

1. Saint Thiruvalluvar in 934th couplet of Thirukkural described the evils of gambling as follows:

"LANGUAGE"

which means,

"There is nothing else that brings (us) poverty like gambling which causes many a misery and destroys (one's) reputation."

2. The writ appeal is directed against the order disposing the writ petition, whereby the learned Judge issued certain directions. The question involved in the appeal is as to whether the activity of the respondent-Mahalakshmi Cultural Association in allowing its members and guests to play rummy (13 cards) with stakes is legal and permissible in the eye of law?

3. The writ appeal arises under the following circumstances. The respondent-Mahalakshmi Cultural Association (hereinafter referred to as “the Association”) approached this Court by filing the writ petition seeking for an order forbearing the appellants (hereinafter referred to as “the Police”) from interfering in any manner in the activities of the association including playing of 13 cards game like rummy with or without stakes whatever and also from harassing the members, the guests or the members of the management of the association in any manner. The said writ petition was filed with the following averments. The Association was formed in the year 1981 and was registered under the Societies Registration Act, 1860 with certain objects including to offer facilities for indoor games such as table tennis, carrom, chess, cards (not resorting to gambling) and outdoor games such as badminton, tennis and volleyball. The Association has 49 life members and 235 ordinary members and has its own bye-laws. The members of the Association and their guests are allowed to play 13 cards, namely, rummy with stakes which, according to the Association, does not amount to gambling.

4. On 10.8.2011, the Inspector of Police, R4 Soundara Pandianar Angadi Police Station, T.Nagar, Chennai raided the premises of the Association on the ground that the premises was used for gambling and the members and guests were indulging in playing rummy with stakes. A case in Crime No.1053 of 2011 was registered on the same date against the Association alleging commission of offences under Sections 45 and 46 of the Chennai City Police Act, 1888. According to the Association, even during the year 2002, the Police interfered with their activities by making similar allegations and the Association filed a writ petition, which was disposed of by this Court with certain directions to the police not to interfere with the activities of the Association except on specific information or complaint as to any illegal activity. As the interference continued, the Association filed another writ petition in the year 2004, which was also disposed of by this Court with similar directions apart from appointing an Advocate Commissioner to inspect the premises of the Association, particularly its card rooms and submit a report. The report confirmed that only rummy i.e., 13 cards was played by the members of the Association. As the rummy is a game of skill and not a gambling, the Association had sought for the directions in the writ petition.

5. The learned Judge, having found that rummy is a game of skill and the Police cannot treat it as an illegal activity, disposed the writ petition with the following directions:-

“12. (a) The petitioner association shall not indulge in any illegal activity other than playing rummy (13 cards) with stakes by its members and guests;

(b) If there is any evidence of gambling in some other way, the respondent police have a right to enter the premises of the petitioner's association, inspect and take further action as per law;

(c) In respect of the FIR registered by the respondent police against those 56 persons and others who were said to have indulged in illegal gambling activities as per the raid conducted on 10.08.2011, it is open to the respondent police to proceed further as per law and it is for the petitioner's association