Dream 11 fantasy sports to be classified as games of skill and not gambling

Fact and Issue of the case

Permission to file Special Leave Petition is granted. This matter has come up before us even earlier. On 28.06.2021, the petitioner has sought an adjournment for filing additional documents. The matter now comes up in which the petitioner circulated yet another letter again asking time to circulate additional documents. We refuse the adjournment.

Observation of the Court

Court has heard Mr. Prashant Kumar, learned counsel for the petitioner who continues to press for adjournment, and points out a judgment dated 06.02.2020 of the State of New York Supreme Court, Appellate Division which is at page 139 of the paper book in which, according to him, the fantasy sports spoken of in this matter are pure gambling and not games of skill.

This matter is no longer res integra as Special Leave Petitions have come up from the Punjab & Haryana High Court and have been dismissed by this Court as early as on 15.06.2017. Also, from the Bombay High Court, Special Leave Petitions have been dismissed on 04.10.2019 and 13.12.2019.

However, court must point out that in the Bombay High Court case, the Union and the State of Maharashtra were not heard, as a result of which, by an order dated 06.03.2020, notice was issued and the impugned judgment stayed.

Considering that the Union and State matter is completely different and that private petitioners’ Special Leave Petitions have been dismissed earlier, this Special Leave Petition is also dismissed.

Also the application to intervene in the matter involving the Union and the State of Maharashtra is not being dealt with by us, and may be moved before the appropriate Court.