Rajasthan HC dismissed a plea that alleged Dream 11 to be a betting platform, on the assertion that the game depends on skill & the same is protected under Art. 19(1)(g) of the Indian Constitution.
A PIL had been filed before the Rajasthan High Court, alleging that Dream 11 is the platform for betting on the cricket team. The petition was dismissed by the HC, stating that the result of the game depends on the skill of the participant and not sheer chance.
Brief facts of the case
A PIL was filed before the Rajasthan High Court that Dream 11 Fantasy Private Limited (respondent) is the platform for playing sports & games on a virtual platform like fantasy cricket, football, kabaddi, basketball, and hockey. Moreover, this platform is nothing else but “betting” on the cricket team.
Arguments before the court
Counsel for petitioner argued that players made their teams of real players for cricket, football, etc., & NBA with a maximum budget of Rs.100 crores in the said platform. It was also argued that the users primarily have to pay an amount of Rs.100/- out of which 20% is retained by respondent No.5-Dream11, and 80% of the remaining balance is transferred to the winning amount for the game. It was contended that this game being played on this platform is nothing else but “betting” on the cricket team.
Counsel for the respondent submitted that the current PIL should be dismissed as it was not maintainable because gambling/betting had already been closed by the Hon’ble Supreme Court. The only issue kept open was regarding GST.
Observation of the court
The court observed that the outcome of a fantasy game depends on the skill of the participant and not sheer chance. Mere skill and their business are protected under Article 19(1)(g) of India’s Constitution, held by various courts.
The decision of the court
The High Court dismissed the petition by stating that PIL is misconceived as it had been filed neither with any public interest nor disclosing the relevant facts and without proper research.
The Judgment can be accessed here.
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