Kedah locals mount legal challenge against 4D ban

 

Opposition party DAP is helping Kedah residents file for a judicial review against the state government’s move to stop renewing local council licences for gaming shops.

DAP's national legal bureau chairperson Ramkarpal Singh said they are seeking to quash the move on the basis it is “unreasonable” and usurps powers vested in the Federal Constitution.

“The decision of the Kedah state government to not renew such gaming licences is ultra vires the constitution as the power to issue such licences is exclusively within the jurisdiction of Parliament.

“The plaintiffs will further contend that the said decision of the Menteri Besar (Muhammad Sanusi Md Nor) is unreasonable and liable to be quashed by the High Court upon an application for judicial review,” he said in a statement.

Ramkarpal said the suit was filed yesterday (Nov 18) at the Alor Setar High Court on behalf of four Alor Setar residents who previously participated in licensed gaming activities.

The plaintiffs are being represented by law firm Messrs Karpal Singh & Co.

Under the Federal Constitution, betting and lotteries are under Putrajaya’s purview via laws like the Pool Betting Act 1967 and Common Gaming Houses Act 1953.

While state governments have jurisdiction over local council licences, lawyers like Lim Wei Jiet previously contended that they must not act in conflict with the federal government’s authority.

Governing multi-cultural Malaysia

Earlier this week, Sanusi sparked uproar when he said the PAS-led state will effectively ban lotteries and gambling in the multi-ethnic and multi-religious state.

He cited his personal beliefs as a Muslim in his press conference announcing the move.

Sanusi added that the state will also curb the sale of alcohol in rural Kedah and popular duty-free tourist destination Langkawi.

These decisions were met with much opposition, including from PAS’ federal government partners MCA, MIC, and Gerakan.

They contended that the ban did not suit multi-cultural Malaysia and infringed on the personal liberties of non-Muslims.

Yesterday, Sanusi said the decision was final.

He insisted the move was not aimed at “denying the rights of non-Muslims”, contending that gambling negatively affected people of all ethnicities.

Calling gambling a “waste of money”, he pointed to how gamblers may not care for their families but instead be physically violent against them. - Mkini