Thread by @barandbench

#MadrasHCbench of Acting Chief Justice T Raja and Justice D Krishnakumar are hearing a batch of pleas challenging the constitutional validity of the ban on #Onlinegaming through the Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Ordinance, 2022.

Senior Counsels Mukul Rohatgi, C Aryama Sundaram appear for Online gaming companies. Senior advocate Kapil Sibal appears for the Tamil Nadu government.

Sibal: I appear for the state. This ordinance has not come into force yet. There is no cause of action yet for the petitioners to approach the court. It is pending before the Governor. The Governor has not signed it.

Aryama Sundaram: My instructions are that within a week of the Gazetted Ordinance, officers began saying they will take punitive action. That should not be done.

Mukul Rohatgi: We are told that officers of the state are already carrying files and taking rounds of our offices asking us to stop. Now another attempt is made to use a 50 year old law.

Sibal: This is an extra ordinary prayer as they want proceedings to start in court even before the law has come into force.
I am not going to make a statement but they should leave it to us to ensure we are not going to take punitive action before the law comes into force.

Justice T Raja: 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.
#Onlinegaming #madrashighcourt

Sundaram: The Ordinance has the force of a law. It has been notified and Gazetted. It is in the Tamil Nadu Gazette. What Mister Sibal means is that a date for its enforcement is yet to be notified by the state. Our petitions can be deferred till such date is notified.

Petitioners seek liberty to withdraw and approach court again after the law comes into force. Court: Dismissed as withdrawn.