Gambling Apps in Pakistan Could Face Complete Ban After Latest Court Case

A Call to Action in the Islamabad High Court

A citizen of Islamabad has filed a writ petition with the Islamabad High Court (IHC) to demand a complete ban on online gambling applications operating in Pakistan. The petitioner, Chaudhry Tabir ul Haq, is seeking a court directive to stop platforms like Betway, 1xBet, and Bet365, arguing they are illegal and harmful to the country’s social, financial, and moral integrity. The case is based on Article 199 of the Constitution.

The Core Allegations

The petition names several key government bodies as respondents, including the Ministry of Interior, Pakistan Telecommunication Authority (PTA), Federal Investigation Agency (FIA), State Bank of Pakistan (SBP), and Pakistan Electronic Media Regulatory Authority (PEMRA). It accuses gambling operators of using loopholes in digital payment systems like Easypaisa, JazzCash, and SadaPay to process illegal transactions. These payments, the petition alleges, are disguised as standard transfers, allowing these apps to facilitate money laundering and financial fraud on a large scale.

The petition asserts that these activities violate several national laws, including the Public Gambling Act of 1867 and the Anti-Money Laundering Act, 2010. It directly criticizes the PTA for not using its authority under the PECA 2016 to block these platforms. It also faults the SBP and FIA for failing to monitor and investigate the suspicious financial flows linked to these activities.

The Broader Impact

Beyond the legal violations, the petition highlights the significant negative consequences of these apps. It warns of the moral, psychological, and economic damage they inflict, particularly on young people and vulnerable segments of society. The petitioner also raises a serious concern that a failure to act could harm Pakistan’s reputation with international bodies like the Financial Action Task Force (FATF) due to the potential for cross-border money laundering and misuse of cryptocurrencies.

The petitioner is asking the court to:

• Direct the PTA to immediately block all gambling apps, websites, and advertisements.
• Order the SBP and digital payment providers to create systems to detect and prevent gambling transactions.
• Instruct the FIA to investigate and prosecute those involved in online gambling.
• Require PEMRA to ban gambling advertisements and launch public awareness campaigns.

This petition represents a significant legal effort to crack down on a growing issue, aiming to protect the public from the dangers of online gambling by holding responsible authorities accountable.

Context of Gambling Laws in Pakistan

Gambling is broadly illegal in Pakistan, with its prohibition rooted in both Islamic law and specific legislation. The primary laws governing this are the Public Gambling Act of 1867 and the Prevention of Gambling Act of 1977. While these laws were enacted before the age of the internet, they are interpreted to apply to online activities as well. The laws impose penalties, including fines and imprisonment, for both operating gambling establishments and for participating in gambling.

The rise of online gambling platforms and the use of modern payment methods like Easypaisa and JazzCash has created challenges for enforcement. The writ petition filed with the Islamabad High Court is an attempt to address this gap, seeking a formal court directive to compel regulatory bodies to enforce the existing laws more effectively in the digital age.