Future of Poker in Gujarat: IPA Secretary K.N. Suresh Optimistic on Positive Outcome

Poker has been on shaky grounds in many places within the country. Goa is the poker capital of India and is the only other place in the country where live poker tournaments are still hosted, besides Sikkim which also has a marginal population of ardent poker enthusiasts. However, even the future of the offshore casinos in Goa is presently uncertain with the impending casino policy not yet released by the ruling BJP-led state government. Meanwhile, poker operations have also come to a standstill in the Garden City of Bengaluru since last year following several crackdowns by the law enforcement authorities of the state.

The situation in Gujarat seems to be worse since the High Court of Gujarat has declared poker to be a game of chance, practically closing all doors for the sport in Gujarat. Though the state previously had a thriving online poker scene, that too came to a stop once the High Court in December 2017 deemed poker as gambling.

Still, the fight isn’t over yet. Indian Poker Association’s (IPA), appeal, that had previously been dismissed on February 14, has now been restored by the Chief Justice and his companion judge, vide order dated 20.3.2019, through the efforts of IPA Secretary K.N. Suresh. All the other connected matters, including the appeals of Dominance Games Private Limited, Hotel Ramada Ahmedabad and Aman Chabbra, are scheduled to be heard on June 20.

Let us take a look back at how the situation in Gujarat unfolded.

A Lookback at Poker’s Departure From Gujarat

Like much of India, Gujarat too has a thriving population of poker players which was evidenced by the popping up of several poker rooms in the state in 2016. On October 21, 2016, the petition filed by the IPA with the HC through its Secretary – K.N. Suresh, came up for hearing before Justice Sonia Gokani who stated that poker was a game of chance.

By January 2017, AAA Gaming Pvt. Ltd. had approached the Gujarat High Court, to start poker operations in Surat. They had contacted the Surat Police Commissioner before but had received no response. The High Court directed the police to respond to the application on January 23. Police responded to the application stating that poker is a game of chance and cannot be conducted in the city. AAA Gaming later filed a fresh petition challenging this response of the police.

Matters went from bad to worse in April of the same year, when Surat Police raided a poker club operated by AAA Gaming Pvt. Ltd. and arrested 32 people, including Jaydeep Dawer and Hetal Desai. It was even reported that Dawer had been physically assaulted while in police custody.

The first judicial blow to the poker industry came in December 2017, when a single judge bench of the High Court comprising of Justice Rajesh H. Shukla adjudged that the game of poker does not involve skill and falls within the ambit of gambling. Suresh and other parties filed a letters patent appeal before a two-judge bench of the High Court challenging the single judge’s order.

The path to achieving justice has been a long-winding one, and the struggles continue even today. However, as per the latest development, IPA’s appeal is back on track vide an order dated March 20 of the Chief Justice and his companion judge and will be heard along with all the other connected appeals on June 20.

IPA Secretary K.N. Suresh Talks About the Current Status of Poker in Gujarat & Future Possibilities

PokerGuru caught up with K.N. Suresh recently, and the flagbearer for Indian poker explained the intricacies of what led to the current situation in Gujarat along with the future possibilities.

Indian Poker Association (IPA), and more specifically Suresh, have been crusading for poker legality in the country for some time now. On October 8, 2013, the historical verdict was passed by the Karnataka High Court ruling poker as a game of skill and that recreational clubs would not need licenses to offer poker in their establishments. Suresh discusses how the decision came about.

“In Karnataka, there were a couple of previous judgments from the Karnataka High Court which had made certain blanket orders which said that games like poker can be played in these places in the previous instances where petitioners had been to court. So, many other clubs were facing harassment even if they play rummy. These clubs had gone to court, and they had in their prayers stated that in certain games the police should not interfere. Poker was one among them. I fished out a couple of those judgments, and I got the Police Department to write a letter to the Director of Public Prosecutions asking them to give an opinion on whether poker is a game of skill or chance.”

Elaborating on the function of the Director of Public Prosecutions and how the judicial body helped in bringing about a decision in IPA’s favour, Suresh said, “The Director of Public Prosecutions of any state determines whether or not a case that goes to court can end up in a conviction. They should only take cases that can end up in a conviction to court otherwise it’s just a waste of public money and time. It is a mandate required by law that every criminal prosecution should as far as possible end in a conviction; otherwise there is really no point. So, then the Director of Public Prosecutions gave an opinion that it is a game a skill. Based on that we got a letter from the police. Despite that, we were revisited by the police. Then we moved court again that finds reference in IPA v. State of Karnataka.”

You can read up on the judgement right here.

He further discusses the differences between what transpired in Karnataka to how things played out in West Bengal.

“In so far as West Bengal is concerned, the act itself excludes poker from the definition of gaming and gambling. When the act, i.e., the West Bengal Gaming and Prize Competition Act of 1956, was enacted, five games were excluded from the ambit of gaming or gambling – poker, rummy, bridge, nap and horse racing. The West Bengal government have excluded them. I would have as a petitioner argued that they thought it fit to exclude them because they were games of skill and there should be no doubt in the minds of enforcement authorities regarding that. Therefore, the people indulging in the games of these four or five activities need not be harassed or bothered because it is a game of skill and does not come within the ambit of gaming or gambling.”

Though IPA may not have actively participated in establishing the legality of poker in West Bengal, Suresh was the individual to point out how the law itself had indirectly made the provision for poker rooms to be operated in the state.

Coming to the point of the Gujarat High Court’s decision to declare poker as a game of skill, Suresh believes that some things could have been done differently that may have swayed the decision in our favour.

“In retrospection, I think there were many things that could have been done differently in Gujarat. But as they say, the best thoughts always come second.”

However, there is no doubt that this isn’t the end of the road for poker in Gujarat.

“There is no doubt that we are going to succeed in Gujarat. Currently, the court that seized of the matter is the Court of the Chief Justice with his companion Judge and the said court is rumoured to be a little conservative. While I am keen on conducting this matter before this court, I am not so sure that the other petitioners are as keen as I am. Therefore, I may not want to conduct this matter before this particular bench. In any case, the matter is posted for the 20^th of June since the whole of May is for holidays.”

Poker, especially live poker, has been booming in India and there is undoubtedly a huge market for the sport. Suresh pointed out that though poker may be prospering in the country, not a lot is being done by the fraternity as a whole to aid in poker’s fight for legality. When asked on how help can be offered, Suresh said, “They can fund this litigation instead of swallowing up all the money and hoping that somebody else will bell the cat. So that’s the first thing that they can do cause they really have done nothing so far as try and see as to how they can come together and fund this litigation to begin with. While they want to eat the fruits of it, they really don’t want to water the plants.”

Despite not receiving much help from the domestic poker industry, Suresh’s determination to win has not ebbed. Even if all his appeals in the Gujarat High Court are exhausted, he seems more than willing to take the matter to the Supreme Court.

“I’d like to believe that it’s just another decision. 33% of the orders made by the High Court are reversed by the Supreme Court which means one-third of the matters decided by the High Court are set aside by the Supreme Court.”

Suresh’s determination and passion to succeed is truly admirable and gives hope to poker players that all is not lost in Gujarat yet.