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Govt mulls SC transfer as MP HC hears fantasy sport firm's challenge to Online Gaming law
Appearing for the petitioner, senior advocate Gopal Jain argued that fantasy sports enjoy legal recognition and cannot be prohibited outright.
The 2025 Act in focus, which recently received Presidential assent after being passed by both Houses of Parliament last month, is yet to be notified as having taken effect.
The legal battle over the recently enacted Promotion and Regulation of Online Gaming Act, 2025 intensified on Wednesday as the Madhya Pradesh High Court joined the list of courts hearing challenges to the controversial law. The Division Bench of Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf heard a petition filed by Clubboom 11 Sports and Entertainment Pvt. Ltd., which questioned the constitutional validity of the new legislation banning online real-money games.
Appearing for the petitioner, senior advocate Gopal Jain argued that fantasy sports enjoy legal recognition and cannot be prohibited outright. Instead, he said, the government should regulate the sector. He also pressed the court to restrain authorities from taking coercive measures against the firm until the matter is finally decided.
Chief Justice Sachdeva noted that similar petitions are being heard by the Delhi and Karnataka High Courts. In response, Solicitor General Mehta revealed that the government is actively considering filing a transfer petition in the Supreme Court to consolidate all cases relating to the Online Gaming Act. This, he said, would prevent the possibility of conflicting judgments from multiple High Courts on the same legislation.
“The date of notification for the law is a legislative matter, and I cannot state any specific date on which the Act will come into force,” Mehta told the court.
The Madhya Pradesh High Court has now issued notices, allowing the Centre and the petitioner to file their responses. The case is slated for further hearing on October 28.
The Promotion and Regulation of Online Gaming Act, 2025, was passed by both Houses of Parliament and recently received Presidential assent. The Act aims to promote electronic games while imposing an outright ban on games involving real-money stakes. Crucially, it makes offering or participating in such games a cognisable and non-bailable offence, regardless of whether they are classified as games of skill or chance.
Petitioners across High Courts, including Boom11 and Head Digital Works (parent of real-money gaming platform A23), have challenged the law on constitutional grounds. They argue that the Act is ultra vires, vague, disproportionate, and violative of fundamental rights under Articles 14, 19, and 21 of the Constitution. Boom11 is a member of Federation of Indian Fantasy Sports (FIFS).
On Tuesday, the Delhi High Court heard a plea filed by Bagheera Carrom (OPC) Pvt. Ltd., a member of the E-Gaming Federation. Meanwhile, the Karnataka High Court, hearing the petition of Head Digital Works, has directed the Centre to file its response by September 8.
With multiple High Courts seized of petitions against the legislation, the Centre’s move to seek a transfer of all cases to the Supreme Court is expected to be a decisive step. A consolidated hearing before the apex court could provide much-needed clarity on the constitutionality and scope of the 2025 Act, while also settling the larger question of whether online real-money gaming falls under Union or State jurisdiction.
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