HC dismisses petition challenging ban on Goans entering casinos

Team Herald

PANJIM: The High Court of Bombay at Goa has endorsed the Goa government’s contention that casinos have evil consequences on people. 

The Division Bench comprising Justice M S Sonak and Justice M S Jawalkar, while dismissing a writ petition challenging the law banning entry of Goans in onshore and offshore casinos, said it does not violate Article 14 of the Indian Constitution.

“The Apex Court held that ban by any State on the sale of lotteries of other States within its territories, therefore, does not violate Article 301 and 303. When State lotteries cannot be construed to be trade and commerce within the meaning of Article 301, held, there cannot be any question of discrimination or violation of Article 303. No discrimination can also be alleged under Article 14 when as per provision the State could only exercise its discretion in case it decides to prohibit sale of lottery tickets of every other State and no discretion is left on the State to choose as to which State it likes to prohibit,” the court observed.

Given the principles laid down in the above decisions, the Bench further observed that game activities in casinos are like gambling and cannot be termed as trade or business activity. Petitioner Shukr Usgaonkar claimed that banning entry of Goans in casinos and discriminating between Goans and non-Goans by way of bringing an amendment to Goa Public Gambling Act is violative of Article 14.

“So far as the restriction on entry into casinos to the persons domiciled or permanent residents of Goa as against the permitting entry to tourists and tourist permit holders, is justifiable for the reasons advanced by the State of Goa. Based on such reasons a valid classification has been made and such classification has rational nexus with the object that the law seeks to achieve,” the High Court said. The government during the hearing had said that banning Goans from going to casinos is to protect them from its vices.  

“The impugned provisions are not violative of Article 14. It is the discretion of the State to take a policy decision to restrict the entry of Goan domiciled or permanent residents to the casino. It is in the public interest of residents of Goa so also in the interest of State for the justifiable reasons,” the court further said.

Thus, the decision of the government is a conscious decision of the State, considering its evil consequences on its subjects.

The relief in the review petition also stood worked out as the court disposed of the review petition with no order on the costs.