DCs, SPs asked not to grant permission for holding lotteries
Guwahati Oct 3: In a significant judgement, the Gauhati High Court on Thursday directed the Assam government to take strong action against the illegal organization of both online and offline lotteries in the state.
A division bench comprising Chief Justice Vijay Bishnoi and Justice N. Unni Krishnan Nair issued the order while hearing a Public Interest Litigation (PIL). The court instructed the government to issue directives to all District Commissioners (DCs) and Superintendents of Police (SPs) across Assam, ensuring no permissions are granted to individuals or organizations for conducting lotteries.
Furthermore, the court-mandated immediate action against any person or group found organizing such lotteries illegally. The Assam government has been given six weeks to file a counter affidavit detailing its strategy to tackle the problem.
The court emphasized that the state government must issue directives within one week to enforce strict measures against the organization of illegal lotteries. The court’s focus is on the proper enforcement of the Lotteries (Regulation) Act, 1998 and the Lotteries (Regulation) Rules, 2010, which stipulate that only the state government can organize lotteries under specific conditions.
Amicus Curiae H.K. Das, representing the case, pointed out that despite this legal framework, some individuals have been applying for permission from district commissioners to conduct offline and online lotteries, and certain commissioners have been granting these permissions without any legal authority.
The court highlighted the necessity of immediate corrective action, stressing that any permissions granted for such lotteries by district officials violate the law. In response, the government has been instructed to issue clear guidelines to ensure that no unauthorized lotteries are conducted, and that immediate action is taken against violators.
The Amicus Curiae HK Das raised concerns that the ongoing festive season could increase the likelihood of unauthorized offline and online lotteries being organized across the state. Das emphasized the need for a strict prohibitory order to protect poor people from being exploited by illegal lottery organizers, who often operate under the guise of obtaining permissions from district authorities.
In response, senior government advocate RK Borah informed the court that he had received responses from 25 district commissioners, all of whom stated that they had not granted any permission for such lotteries. However, it was noted that the Assam state government had yet to file a formal response to the PIL, despite some district commissioners—who were named as respondents—submitting counter affidavits.
The court’s concern remains to ensure that no unauthorized permissions are granted and that strict measures are in place to prevent illegal lottery activities during the festive period, as well as year-round. The ongoing proceedings signal the urgency of addressing this issue at the state level.
