A batch of cases filed before the Madras High Court challenging the constitutional validity of the Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Ordinance, 2022, were withdrawn today after the State government counsel informed the court that the Ordinance has not come into force as yet.

The petitioners include skill gaming body All India Gaming Federation, PlayGames 24X7 Private Limited, and Head Digital Works Private Limited.

Senior counsels C. Aryama Sundaram, Mukul Rohatgi and Satish Parasaran, representing the petitioner gaming entities contended that the Ordinance had been gazetted and that it could come into force anytime, making the petitioners appear like criminals from the date of implementation.

Senior counsel Mukul Rohtagi said the officers of the state are already carrying files and taking rounds to offices of online gaming entities asking them to stop operations.

Objecting to the petitioners, Mr. Sibal representing the State government said, there could not be any preemptive order against the State. Mr. Sibal said the petitioners are seeking an extra ordinary prayer as they want proceedings to start in court even before the law has come into force.

— Bar & Bench (@barandbench) November 16, 2022

Mr. Sundaram said the companies had invoked the writ jurisdiction of the High Court under Article 226 of the Constitution claiming infringement of their rights guaranteed under Article 21 and therefore the technical objection of the Ordinance remaining in suspended animation could not be sustained.

Responding to the petitioners, Justice T Raja responded: “You (petitioners) tell me which court in this world hears a challenge to an Ordinance which is yet to get the Governor’s consent. What if it never becomes a permanent law? You wait and come back to us when the law comes into force,” reported legal portal Bar and Bench.

The petitioners have agreed to withdraw the petitions and approach the Court once the law is implemented.