Gauhati High Court bans both online and offline lotteries in Assam

The Gauhati High Court has imposed an immediate ban on both online and offline lotteries in Assam, following concerns raised about the illegal organization of such activities in the state. 

The Court's decision comes in response to a Public Interest Litigation (PIL) petition, which highlighted that lotteries were being organized without proper authorization, violating the Lotteries (Regulation) Act, 1998 and the Lotteries (Regulation) Rules, 2010.

The Act mandates that only the State Government can organize lotteries under specific terms, but it was revealed that some individuals had been obtaining permission from District Commissioners to conduct these lotteries illegally.

The Court's ruling aims to protect the public, especially during the festive season when such unauthorized lotteries tend to proliferate.

As part of the Court's directive, the State Government has been instructed to ensure strict enforcement of the ban, with District Commissioners and Superintendents of Police tasked with taking immediate action against any illegal lottery operations. This measure is intended to prevent the exploitation of vulnerable populations and uphold legal standards in Assam.

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H.K. Das, serving as Amicus Curiae, emphasized that under the Lotteries (Regulation) Act, 1998 and the Lotteries (Regulation) Rules, 2010, only the State Government is authorized to organize lotteries, subject to specific terms and conditions. 

However, in several cases, individuals have reportedly sought and obtained permission from District Commissioners to organize such lotteries, a practice that lacks legal authority.

Given the onset of the festive season, Das expressed concerns that illegal lotteries might proliferate, potentially exploiting poor people in the state. He urged the Court to issue a prohibitory order to prevent such occurrences.

R.K. Borah, the Additional Senior Government Advocate of Assam, informed the Court that 25 District Commissioners have denied granting any such permissions for offline or online lotteries. Despite this, the Court observed that the State Government has not yet filed a formal response to this PIL. Some District Commissioners, however, have submitted their counter-affidavits.

The Court granted the State Government six weeks to file its response, detailing measures taken to address the issue of illegal lotteries. Furthermore, the Court directed the State Government to issue clear instructions to all District Commissioners and Superintendents of Police, forbidding them from granting permissions for lotteries and mandating immediate legal action against any illegal lottery organizers. 

This measure is intended to prevent the exploitation of vulnerable populations and uphold legal standards in Assam.