How does the state deal with the illegal organization of offline and online lotteries? Gauhati High Court asks Assam government to respond

The Gauhati High Court on Thursday asked the Assam government to file its reply to the PIL outlining its actions to combat illegal offline or online lottery organization in Assam.

Branch composition Chief Justice Vijay Bishnoi AND Justice N. Unni Krishnan Nair further directed the State Government to issue direction to all District Commissioners including Superintendents of Police of all districts of Assam not to grant any permission to any person or organization for organizing offline or online lotteries.

The tribunal was hearing a PIL case raising the issue of illegal organization of offline and online lotteries in various districts 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 organize a lottery and that too subject to certain conditions.

It was further stated that in many cases, applications are being filed by individuals seeking permission from the District Commissioners concerned to organize offline or online lotteries and some of the District Commissioners are granting the same permission without any authority.

It was submitted that since the festive season has commenced and there is a strong possibility that illegal offline or online lotteries will be organized at many places in Assam, after obtaining permissions from the concerned Commissioners or District Authorities, a stringent order restraining the Court is required to issue to the poor people of Assam have not been cheated by illegal offline or online lottery organizers in Assam.

The Additional Senior Government Spokesman, Assam, stated that they have received replies from 25 District Commissioners of Assam and all of them have informed that they have never given any such permission to any person to organize offline or online lotteries.

The Court observed that no reply has been filed on behalf of the State to date in opposition to the present PIL, though counter-affidavits have been filed on behalf of some District Commissioners who are deemed to be respondents in the PIL.

The Tribunal has, therefore, granted six weeks to the State Government to file its reply by way of counter-affidavit in this PIL.

Meanwhile, the Tribunal directed the State to issue directions to the district authorities within a week not to grant any permission to any person or organization to organize offline or online lotteries.

“…if it is found that any offline or online lotteries are being organized illegally, the concerned Superintendent of Police will take immediate action against such persons/organizers in accordance with law”, noted the Court.

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

Case number: PIL/29/2024

Click here to read/download the order