In a Public Interest Litigation filed by Mr. Amit Nair over the mushrooming of online gambling websites due to unclear provisions of Gujarat (Prevention of Gambling) Act, 1887, the Gujarat High Court observed that the state government should step in and formulate desirable regulations in the arena.
The Bench consisting of Justice Vikram Nath and Justice J B Pardiwalla in the case of Amit M. Nair versus State of Gujarat issued order in response to this PIL and ordered that, “We direct the State of Gujarat to consider this writ application as a representation. If the online games involve gambling and if they are being played in the State of Gujarat, then it is expected of the State to deal with the same appropriately as gaming is a subject matter of List II of the Schedule VII of the Constitution of India”, reported Live Law.
The Bench further added that it is not permissible for us to direct the legislature to formulate a law on the basis of Writ filed under Article 226 of the Constitution of India. However, we can always draw the attention of the legislature in the areas of public interest that require regulation.
Therefore, the bench directed the State to consider this PIL as a representation and formulate regulations to tackle online gambling, if it is prevalent in the state.