These games depend on luck or chance and not on competence and therefore is banned by the law, the HC observed.

Delivering the verdict on a writ petition, the court also ordered the law enforcers to immediately seize any kind of equipment used for gambling and to take action against the people who organise gambling or gamble.

Since the Public Gambling Act 1867 was applicable outside metropolitan areas, the law needs to be updated and stricter punishment should be included, the court observed.   

It mentioned that the maximum punishment under the law was three months’ jail and a fine of Tk 200.

The court said Public Gambling Act 1867 was discriminatory since there was no scope for taking action against people for gambling and organising gambling in the metropolitan areas.

Discrimination is contradictory to the constitution as article 27 of the constitution says, “All citizens are equal before law and are entitled to equal protection of law”, the HC said.

The court appreciated the government’s drives against gambling and illegal casinos.

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

The petition said gambling is illegal and a punishable offence under the Dhaka Metropolitan Police Ordinance 1976, Chittagong Metropolitan Police Ordinance 1978, and Public Gambling Act 1867, and Article 18(2) of the constitution. But authorities concerned at clubs arrange card and dice games and bingo in violation of the law.

Following the same petition, another HC bench on December 5, 2016, directed the government to immediately stop gambling at 13 clubs.

The clubs are: Dhaka Club Ltd, Uttara Club Ltd, Gulshan Club Ltd, Dhanmondi Club Ltd, Banani Club Ltd, Officers’ Club Dhaka, Ladies’ Club Dhaka, Cadet College Club Dhaka, Chittagong Club Ltd, Chittagong Seniors’ Club Ltd, Narayanganj Club Ltd, Sylhet Club Ltd, and Khulna Club Ltd.

The HC had also issued a rule asking the authorities concerned to explain as to why they should not be directed to take actions against the unlawful business.

Redowan Ahmed Runjid appeared for the writ petitioners while Deputy Attorney General Bipul Bagmar represented the state and Ruhul Quddus Kazal argued for Dhaka Club Ltd.

On July 1, 2014, another HC bench in its full verdict declared “nipun”, “dice games” and bingo illegal and taking part and organising such games was a punishable offence.

The bench delivered the verdict rejecting a petition of Md Jafar Ullah, chief of Naogaon Muktijoddha Welfare Club, challenging the legality of law enforcers’ action against the club for conducting such games.   

“Any game that is played for money, wager or stake or in other words played risking money or something of value for a chance to win a prize is gambling,” it said.

“Whoever found present in the ‘common gaming-house’ for the purpose of gaming, no matter playing for money, wager, stake or otherwise, is punishable under the said Act.

“Owning, keeping or having charge of common gaming-house as contemplated under Section 3 of the Public Gambling Act, 1867, is an offence and punishable ... .”

“Lottery” is a form of gambling punishable under Section 294A of the Penal Code with exceptions provided therein, the HC said.