How Is State Tackling Illegal Organisation Of Offline Or Online Lotteries? Gauhati High Court Calls For Response From Assam Govt

The Gauhati High Court on Thursday asked the Assam Government to file its response to a PIL, stating how it is proceeding to tackle the illegal organisation of offline or online lotteries in the State of Assam.

The division bench of Chief Justice Vijay Bishnoi and Justice N. Unni Krishnan Nair further directed the State Government to issue direction to all the District Commissioners, including the Superintendents of Police of all the districts of Assam not to grant any permission to any individual or organisation for organising offline or online lotteries.

The Court was hearing a PIL raising an issue regarding the illegal organisation of offline and online lottery in the various districts in the State of Assam.

During the hearing, the Amicus Curiae informed the Court that as per the Lotteries (Regulation) Act, 1998 and the Lotteries (Regulation) Rules, 2010, only the State Government can organise a lottery, that too, on certain terms and conditions.

It was further submitted that in many of the cases, applications are moved by the individuals seeking permission from the concerned District Commissioners for organising offline or online lottery and some of the District Commissioners are granting the said permission without any authority.

It was argued that since the festive season has commenced and there is every likelihood that illegal offline or online lotteries will be organised in many places of Assam while obtaining permissions from the concerned District Commissioners or authorities, a strict prohibitory order is required to be passed by the Court so that poor people of the State of Assam may not be duped by the illegal organisers of offline or online lottery in the State of Assam.

The Additional Senior Government Advocate, Assam submitted that he has received responses from 25 District Commissioners of Assam and all of them have informed that no such permission has ever been granted by them to any such person for organising offline or online lottery.

The Court noted that to date no response has been filed on behalf of the State to counter the present PIL though counter affidavits have been filed on behalf of some of the District Commissioners, who are impleaded as party respondents in the PIL.

Thus, the Court granted six weeks time to the State Government to file its response by way of counter affidavit in the present PIL.

Meanwhile, the Court directed the State to issue directions within one week to the district authorities that they shall not grant any permission to any individual or organisation for organising offline or online lotteries.

“……in case any such offline or online lotteries are found to be organised illegally, the concerned Superintendent of Police shall take immediate action against those persons/organisers in accordance with law,” the Court noted.

Case Title: Re Organising Illegal Lotteries (Offline and Online) in the State of Assam XXXX v. The State of Assam & 71 Ors.

Case No.: PIL/29/2024

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