By Our Reporter
SHILLONG, April 3: The Supreme Court of India will resume hearing Meghalaya’s challenge against the ban imposed by various states on its lottery tickets and has listed May 2 as the date of hearing. The state argues that under the Lotteries (Regulation) Act, other states should not have the authority to prohibit its legally conducted lottery.
The matter, which was previously heard in February, saw the Supreme Court rejecting Meghalaya’s plea challenging these bans. A bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan had then emphasised that issues concerning human liberty take precedence over revenue-generating activities such as lotteries.
During that hearing, Senior Advocate Mukul Rohatgi, representing Meghalaya, urged the court to expedite proceedings, highlighting the significant financial impact on the state. However, Justice Oka had remarked, “We have matters of human liberty that are more important than lottery!” Following this, the Court scheduled the case for further directions and asked respondents to submit their statements regarding the necessity of recording additional evidence.
Now, the Court has listed the case for May 2, when it will decide on the next steps for a final hearing. In the latest proceedings, Rohatgi informed the Court that he is challenging Section 5 of the Lotteries Act. Justice Oka, however, pointed out that certain issues had already been decided and would need further examination. Rohatgi maintained that his arguments were based on grounds that had not been adjudicated earlier.
The crux of the case revolves around Meghalaya’s challenge against Section 5 of the Lotteries (Regulation) Act, empowering states to prohibit the sale of lottery tickets organized by other states. The Meghalaya government argues that such provisions infringe upon its constitutional rights and impede its ability to conduct business under Article 298(b).
The top Court had ruled in May last year that the suit is maintainable and cannot be dismissed at the threshold. It observed that in light of earlier judgments, the apex court could read down or interpret the statutory provisions effectively to address the grievances of Meghalaya, Nagaland, and Sikkim. These states allege that the provisions of the Act of 1998 infringe on their right to do business.
During earlier hearings, the Supreme Court had questioned whether a state banning goods from another state was permissible in a federal structure. The counsel for the Central government argued that lotteries are a form of gambling and could be prohibited by state legislatures as a matter of policy.
