Staff Reporter :
The Supreme Court on Thursday stayed a High Court directive that asked the law enforcing agencies to take immediate actions for seizure of Dhaka Clubs and other similar clubs, instruments of games as well as for preventing people from playing such games in those clubs in the Metropolitans and beyond Metropolitans.
The apex court, however, upheld the rest of the directives of the HC verdict banning all kinds of gambling, especially the unlawful business and indoor games of cards, dice and housie in exchange of money across the country, including 13 elite clubs.
A seven-member bench of the appellate division headed by Chief Justice Syed Mahmud Hossain passed the order after hearing two separate leave to appeal petitions filed by eight clubs challenging the HC’s verdict delivered on February 10 this year.
The Supreme Court allowed the clubs to move a regular appeal petition before this court against the verdict.
Barrister M Amir-ul Islam, Barrister Rokanuddin Mahmud, Barrister Fida M Kamal and Barrister Masood Reza Sobhan appeared in the court on behalf of the clubs, attorney general Mabubey Alam appeared for the state and Barrister Redwan Ahmed Ranjib
appeared for the writ petitioners. Later Mr Redwan Ahmed said, “The High Court gave six directives in its verdict delivered on February 10 banning all kinds of gambling across the country, including the 13 elite clubs. The appellate division stayed the directive No 3 of those six directives on Thursday.”
The SC at the same time granted the leave to appeal petition filed by the clubs against the HC verdict means the clubs are asked to file regular appeal against the verdict, added the lawyer.
Advocate Samiul Huq and Barrister Rokonuddin Md Faruq filed the writ petition in 2016 challenging the legality of unlawful business and indoor games of cards, dice and housie in exchange of money in 13 clubs.
The 13 clubs are Dhaka Club Ltd, Uttara Club Ltd, Gulshan Club Ltd, Dhanmondi Club Ltd, Banani Club Ltd, Officers’ Club Dhaka, Ladies’ Club Dhaka, Cadet College Club Dhaka, Chittagong Club Ltd, Chittagong Seniors’ Club Ltd, Narayanganj Club Ltd, Sylhet Club Ltd and Khulna Club Ltd.
After hearing that writ petition, the High Court on February 10 this year declared all kinds of gambling, especially the unlawful business and indoor games of cards, dice and housie in exchange of money across the country, including the 13 elite clubs, as ‘illegal’.
In the directives of the verdict the HC said, “The games, namely 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 is admittedly not the case in those clubs), they may be allowed to play such games for the purpose of amusement,” also read the verdict.
“Law enforcing agencies, including respondent No.1 to 12, are directed to take immediate actions for seizure of those places (Dhaka Clubs 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 Metropolitans and beyond Metropolitans,” read the verdict.
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 seeking court directives about the matter.
Later, some clubs, including Dhaka Club and Uttara Club filed separate two leave to appeal petitions with the appellate division against the verdict. After hearing on the petitions the apex court on Thursday granted their leave to appeal petitions and stay directive No 3 of the HC directives.
The Supreme Court on Thursday stayed a High Court directive that asked the law enforcing agencies to take immediate actions for seizure of Dhaka Clubs and other similar clubs, instruments of games as well as for preventing people from playing such games in those clubs in the Metropolitans and beyond Metropolitans.
The apex court, however, upheld the rest of the directives of the HC verdict banning all kinds of gambling, especially the unlawful business and indoor games of cards, dice and housie in exchange of money across the country, including 13 elite clubs.
A seven-member bench of the appellate division headed by Chief Justice Syed Mahmud Hossain passed the order after hearing two separate leave to appeal petitions filed by eight clubs challenging the HC’s verdict delivered on February 10 this year.
The Supreme Court allowed the clubs to move a regular appeal petition before this court against the verdict.
Barrister M Amir-ul Islam, Barrister Rokanuddin Mahmud, Barrister Fida M Kamal and Barrister Masood Reza Sobhan appeared in the court on behalf of the clubs, attorney general Mabubey Alam appeared for the state and Barrister Redwan Ahmed Ranjib
appeared for the writ petitioners. Later Mr Redwan Ahmed said, “The High Court gave six directives in its verdict delivered on February 10 banning all kinds of gambling across the country, including the 13 elite clubs. The appellate division stayed the directive No 3 of those six directives on Thursday.”
The SC at the same time granted the leave to appeal petition filed by the clubs against the HC verdict means the clubs are asked to file regular appeal against the verdict, added the lawyer.
Advocate Samiul Huq and Barrister Rokonuddin Md Faruq filed the writ petition in 2016 challenging the legality of unlawful business and indoor games of cards, dice and housie in exchange of money in 13 clubs.
The 13 clubs are Dhaka Club Ltd, Uttara Club Ltd, Gulshan Club Ltd, Dhanmondi Club Ltd, Banani Club Ltd, Officers’ Club Dhaka, Ladies’ Club Dhaka, Cadet College Club Dhaka, Chittagong Club Ltd, Chittagong Seniors’ Club Ltd, Narayanganj Club Ltd, Sylhet Club Ltd and Khulna Club Ltd.
After hearing that writ petition, the High Court on February 10 this year declared all kinds of gambling, especially the unlawful business and indoor games of cards, dice and housie in exchange of money across the country, including the 13 elite clubs, as ‘illegal’.
In the directives of the verdict the HC said, “The games, namely 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 is admittedly not the case in those clubs), they may be allowed to play such games for the purpose of amusement,” also read the verdict.
“Law enforcing agencies, including respondent No.1 to 12, are directed to take immediate actions for seizure of those places (Dhaka Clubs 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 Metropolitans and beyond Metropolitans,” read the verdict.
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 seeking court directives about the matter.
Later, some clubs, including Dhaka Club and Uttara Club filed separate two leave to appeal petitions with the appellate division against the verdict. After hearing on the petitions the apex court on Thursday granted their leave to appeal petitions and stay directive No 3 of the HC directives.
