The Phnom Penh Post

Dhaka to amend gambling law

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A MID uproa r over i l le ga l casi nos i n Ba ng ladesh, t he cour t have a nnounced t hat pl a y i ng s uch g a mes a nd organising them are punishable of fences, not including aut horised lotteries.

The High Court observed the full text of a verdict that games played with money at stake and that were dependent on luck rather than skills were in fact gambling.

It said playing such games and organising them were punishable offences, but excluded authorised lotteries.

The games would be allowed when played without money or valuables at stake, the court added.

It is expected that the government will seriously consider amending the law so that the prohibitio­n applies equally to all people, irrespecti­ve of their financial and social status, the full text read.

“T h e a b ov e - menti o n e d games, namely nipun khela 1-10, 1-8 charchari, dice, housie, three cards, flash, poker and any other games [except government authorized lottery] played physically, electronic­ally or by any other instrument­s, the outcome of which predominan­tly depend on luck and not on skill, are gambling.

“Accordingl­y, owning, occupying any place of such games and any instrument­s and allowing such games to take place, is an offence under the law of the land,” it read.

It added: “Raffle draws/coupons given as a side-product of door tickets for attending picnics or to purchase any products from shopping malls, the dominant intention/purpose in those cases being to attend picnic or to purchase products, do not come within the mischief of gambling.”

The bench of Justice Sheikh Hassan Arif and Justice Md Mahmud Hassan Talukder had delivered the verdict on February 10, following a written petition filed by Supreme Court lawyers Samiul Huq and Rokonuddin Md Faruq in 2016, seeking orders on the government for taking action against gambling.

“Keeping any place or office for drawing lottery, not authorised by government, is an offence punishable under Section 294 A of the Penal Code, 1860.”

Law enforcing agencies are directed to take immediate actions in seizure of clubs, and gaming equipment to prevent people from playing such games in those clubs and other clubs, it said.

The HC judges said the government should think seriously about increasing the punishment for gambling as the present punishment­s are lenient, considerin­g the financial status of the people who are commonly engaged in those games.

The court also asked relevant offices to send a copy of the order to the authoritie­s of the government, including cabinet secretary, inspector general of police, police commission­ers, Rab and deputy commission­ers concerned, so that the informatio­n is disseminat­ed and actions taken.

On February 17, Dhaka Club and Gulshan Club filed two separate petitions with the Supreme Court against the HC verdict seeking a definition of gambling.

They argue in the petitions that the casinos run commercial­ly at sporting clubs and the indoor games at social clubs are not the same thing.

After a brief hearing, Justice Hasan Foez Siddique of the Appellate Division sent the petitions to its full bench for hearing on February 23.

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