Institute of Legal and Management Studies

The Supreme Court today(October 30) said that it will hear on November 4 a batch of transferred petitions challenging the Promotion and Regulation of Online Gaming Act, 2025 ("Online Gaming Act"), which seeks to prohibit 'online money games' and the offering of bank services, advertisements, etc. related thereto.

On the Union Government's plea, a bench comprising Justice JB Pardiwala and Justice KV Viswanathan had on September 8 allowed the transfer of petitions, seeking the consolidation and transfer of three writ petitions pending before the Delhi High Court, the Karnataka High Court and the Madhya Pradesh High Court, filed by online skill-gaming companies. It also clarified that any such petition pending before any of the High Courts also stands transferred.

Today, a mentioning was made by Senior Advocates C. Aryaman Sundaram and Arvind P Datar, appearing for two petitioners in the High Courts, before the same bench, asking if the Court is going to hear the matters as listed on November 4.

Sundaram said: "Mylords, also indicated would it not be better if the same bench hearing the other matters and had directed us to mention before the CJI. My instructing AoR had apparently mentioned the matter and learned CJI said that it would be in the fitness of things rather than us mentioning it, if mylords directed that would be heard on 4th [November] as scheduled."

Justice Pardiwala replied: "Then we will hear it."

The Online Gaming Act 2025 has been under challenge before the Delhi High Court, the Madhya Pradesh High Court and the Karnataka High Court (where an interim stay on the impugned act is also sought). In another petition today, the Karnataka High Court issued notice.

The main ground of challenge in all the petitions before the various High Courts is that the Act prohibits even those games which involve a game of skill and not mere chance, especially e-sports. It is contended that the act puts a blanket prohibition on judicially recognised skill-based games, thus violating Article 19(1)(g).

The impugned Act was passed by the Parliament on August 21 and received the Presidential Assent on August 22.

On a different note, the same bench is also hearing a writ petition by the Centre for Accountability and Systematic Change (CASC) seeking a harmonious interpretation of the provisions of the Online Gaming Act and laws made by State Legislatures, to prohibit online gambling and betting games operating in the guise of social and e-sports games. The petitioner has sought a direction to issue blocking orders under Section 69A of the IT Act against all unlawful betting and gambling platforms in India and also mandamus directing RBI, NPCI and other UPI platforms to not allow any transaction of online money which are not registered in India. Notice on this was issued on October 17.

Case Details: UNION OF INDIA v HEAD DIGITAL WORKS PRIVATE LIMITED AND ANR|T.P.(C) No. 2484-2486/2025