Wednesday, Nov 12, 2003
Wednesday, Nov 12, 2003 |
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Kerala
By Our Staff Reporter
Justice C.N. Ramachandran Nair refused to stay the operation of the notification when a petition filed by the Tashi Delek Gaming Solution, Mumbai, and two other online lottery operators came up before him. The judge posted the petition to Thursday for further hearing. (According to the notification issued by the Director of State Lotteries, Rule 24(3) of the Kerala State Lotteries and Online Lotteries (Regulation) Rules 2003 stipulates that no lottery shall be marketed until the Secretary issues appropriate orders to the Government (Taxes). The enforcement agencies, the Collector, the Superintendent of Police and the Commissioner of Police, could seize tickets being marketed without the approval of the Taxes Secretary. The notification says that though the rules have been communicated to the Directors of State Lotteries of other States, none of them has responded with full details. A few States have sent only incomplete details.) The petitioners were running online lotteries on behalf of Sikkim, Arunachal Pradesh and Karnataka Governments. Claiming that the online lotteries were conducted in a transparent manner, they contended that the Government had no powers to issue an order imposing restrictions on the lotteries. The petitioners pointed out that the Supreme Court had held that a ban on the sale of lotteries could be imposed only if it was made applicable uniformly. Besides, the control over lotteries had been vested with the Central Government as per the Lotteries Regulation Act. According to the petitioners, they were paying additional taxes for the lotteries. Besides, they had furnished details regarding their online lotteries. They contended that the State Government had no authority to ban any lottery when the State Government itself was conducting its own lotteries. According to the Director, though the rules stipulate that only one weekly draw could be conducted, many distributors make minor change in the scheme and conduct 200 to 250 draws a day. In fact, almost all the 3,000-odd retail outlets, which sell online lotteries and other lotteries of other States, had reportedly closed down shop following the notification issued by the Director.
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