Several gambling outlets succeeded in their legal action to reverse the Kedah government’s move to ban them in the state.
The Alor Setar High Court on June 20 allowed the operators’ six judicial review applications targeting the state administration’s decision.
However, the state government has since applied for a stay of execution on the ruling, pending an appeal to the Court of Appeal.
On Nov 14, 2022, Menteri Besar Muhammad Sanusi Md Nor announced that the government would no longer approve gambling licences, in addition to limiting the sale of liquor on all premises, especially in rural areas in Kedah.
He said the move was to tackle social ills caused by gambling, such as the collapse of family institutions.
The decision took effect on Jan 1 last year, shuttering all gambling and lottery premises in Kedah.
According to one of the judicial review applications filed by SM Lottery Sdn Bhd, the applicant contended that the state government’s decision was illegal, irrational, and unconstitutional.
The outlet claimed that the Kedah administration’s decision failed to take into account the multi-ethnic composition of the citizens of the state.
The applicant contended that the decision was made without prior consultation with stakeholders in Kedah.
The outlet contended that Articles 74 and 75 of the Federal Constitution empower only the federal government to enact laws and regulations for gambling.
Various district councils including those for Alor Setar, Sungai Petani, and Baling were also initially named as respondents in the legal action besides the Kedah government and Sanusi.
However, the respondent list was later reduced to the Kedah government when the civil court granted leave for the commencement of the judicial review.
In an emailed response to Malaysiakini, the operators’ co-counsel Muhammad Hiqmar Danial Hidzir confirmed the outcome of the court action by the operators for Berjaya Sports Toto and Magnum outlets.
“The reliefs granted by the Kedah High Court are wide-reaching as these reliefs quashed the Kedah state government’s decision to ban the issuance and renewal of business’ premises’ licence for licensed pool betting across the state,” the lawyer said.
Brian Foong is the lead counsel while lawyers Eolanda Yeo and Nur Ellyana Farina Muhammad also appeared for the successful judicial review applicants. - Mkini
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