The Goa High Court has dismissed the petition challenging the restriction of non-tourists (Goan residents) held that state governmet’s curb is justifiable for the reasons by the state of Goa.
The high court held that the decision to bar admission for non-tourists, which excludes Goans who are either domiciled or permanent residents, was made by the State after careful consideration of the negative repercussions on the issue.
Shukr Usgaonkar (26), a law graduate, filed the suit, claiming that the provision violates Article 14 of the Constitution by denying permanent residents of Goa access. “The distinction created between tourists and non-tourists fails miserably the criteria of reasonable categorization that every classification must meet in order to survive the rigours of Article 14 (right to equality before the law),” he stated.
Usgaonkar has challenged the constitutional legality of Sections 13D (e) and 13(G) of the Goa Public Gambling Act, 1976, as well as Sections 2(7) and 2(8).
Entry to “casinos,” or locations or regions where gambling operations are really performed as authorised under Section 13A of the Act, is prohibited for anybody who is a permanent resident or domiciled in Goa.
Gambling, according to Advocate General D J Pangam, cannot be compared with any trade or commerce in order to establish any basic right to practise any profession or engage in any vocation, trade, or business.
