SC stays HC order to stop gambling
Staff Reporter, Dhaka
The Appellate Division of the Supreme Court yesterday stayed a High Court order that asked law enforcing agencies to take immediate action against clubs, seize gambling equipments and prevent people from playing such games in clubs across the country.
The apex court, however, upheld the rest of the HC verdict over banning of all sorts of gambling. A seven-member bench of the Appellate Division headed by Chief Justice Syed Mahmud Hossain passed the order following two separate leave to appeal petitions filed by eight clubs including Dhaka Club, Gulshan Club and Uttara Club challenging the HCs February 10 verdict. It asked the appellants to file regular appeal before the court against the HC order. After coming out from the court, writ petitioners counsel Barrister Redwan Ahmed Runjib told reporters that the High Court had on February 10 declared illegal and criminal offence the gambling in any form, involving cards or roll of the dice or luck and through games like bingo, and asked the government to stop these across the country.
The HC bench gave six directives over the matter. But, the apex court stayed the HC order that directed the law enforcing agencies to take immediate actions for seizure of those places (including Dhaka Club and other similar clubs), instruments of games as well as for preventing people from playing such games in those clubs and other clubs in the metropolitan areas and elsewhere. The other part of the HC order has been upheld, he added.
In its order, the HC bench said that Nipun Khela, Charchari, Dice, Housie, 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. However, if the above games are played without any money or valuables being put at stake (which isadmittedly not the case in those clubs), they may be allowed to play such games for the purpose of amusement.
The HC order also said that 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.
The HC order also said 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.
According to the HC order it is expected that the government will think of seriously about amendment of the relevant provisions of law so that the prohibition of gambling applies equally to all people in Bangladesh irrespective of their financial and social status. The government should also think of seriously about increasing the punishment provided for gambling as the present punishments are minimal considering the financial and other status of the people who are commonly engaged in those games.
After coming out from the apex court, Barrister Masood R Sobhan, a lawyer representing the clubs, told that following the appeal, the SC may provide a guideline on games that can be played in clubs.
