Staff Reporter :
The High Court on Monday declared all kinds of gambling across the country as ‘illegal’.
Besides, the court directed the law enforcing agencies to take steps immediately to seize all kinds of equipment used for gambling across the country.
The High Court Bench of Justice Sheikh Hassan Arif and Justice Md Mahmud Hassan Talukder delivered the verdict after holding hearing on a writ petition filed by the two Supreme Court lawyers.The court in its verdict said, “The games which are determined by fate rather than the skill are considered as gambling. Games like housie, dice, one ten etc. are determined by fate rather than the skill. So these games are forbidden in the law.”
The court directed the law enforcing agencies to take steps against the permission, organizers and participants of these games immediately.
Arrangement of these kinds of games inside and outside of the Metropolitan areas is a criminal offence and the persons are involved with the arrangements are the criminals in the eyes of law, observed the court in the verdict.
The court said, there is an opportunity to take action against gambling outside the Metropolitan areas according to the Public Gambling Act, 1867. But, this punishment is very minor. The maximum punishment under this law is three months’ jail and a fine of Tk. 200. But no scope to take any steps in the Metropolitan areas.
The court also said, “We think the gambling law is discriminatory according to the Constitution. Because, the Constitution said all are equal in the eyes of law. Crime is crime. There is no scope to make any discrimination. The law enforcers should also keep this in mind.”
Barrister Redwan Ahmed Ranjib appeared in the hearing on behalf of the writ petitioners, while Barrister Ruhul Quddus Kazal took part in hearing on behalf of the Dhaka Club and Deputy Attorney General Bipul Bagmar stood for the State.
Advocate Samiul Huq and Barrister Rokonuddin Md Faruq filed the writ petition challenging the legality of unlawful business and indoor games of cards, dice and housie in exchange of money in 13 clubs.
Following the writ petition, the High Court issued a rule on December 4, 2016 asking the authorities concerned of the government to explain in four weeks as to why they should not be directed to take actions against the unlawful business and indoor games of cards, dice and housie in exchange of money.
At the same time, the HC directed the government to immediately stop gambling including cards, dice and housie at 13 renowned clubs.
The 13 clubs are: Dhaka Club, Uttara Club Ltd, Gulshan Club Ltd, Dhanmondi Club Ltd, Banani Club Ltd, Officers’ Club Dhaka, Ladies’ Club Dhaka, Cadet College Club Dhaka, Chattogram Club Ltd, Chattogram Seniors’ Club Ltd, Narayanganj Club Ltd, Sylhet Club Ltd and Khulna Club Ltd.
Later on December 11, 2016, the Appellate Division of the Supreme Court stayed the High Court order following a leave to appeal petition filed by Dhaka Club authorities.
A four-member Bench of the Appellate Division headed by the then Chief Justice Surendra Kumar Sinha also directed the High Court to dispose of its earlier rules within eight weeks.
After about three years, the High Court recently heard the case and concluded the hearing on January 23 this year and delivered the verdict on Monday.
