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Court allows gaming operators to challenge Kedah ban, but state govt’s appeal pending
KUALA LUMPUR, July 9 — Several gambling outlets have reported been successful in their bids to challenge the Kedah government’s ban on their operations in the state.
Malaysiakini reported today that High Court in Alor Setar had on June 20 granted the operators’ multiple judicial review applications against the state administration’s decision.
However, the Kedah state government has since filed an application to stay the decision, pending an appeal in the Court of Appeal.
On November 14, 2021, Menteri Besar Datuk Seri Muhammad Sanusi Md Nor announced that the Kedah government would no longer approve new gambling licences nor renew existing licences to ensure the state would be free from such activities in the future.
He also said that the Kedah government would limit the sales of alcoholic beverages in the state, especially in areas where there is no demand such as in rural areas.
In one of the judicial review applications, SM Lottery Sdn Bhd argued that the state government’s decision was illegal, irrational, and unconstitutional, and failed to consider Kedah’s multi-ethnic population, said the report in Malaysiakini.
It also contended that the decision was made without prior consultation with stakeholders in the state.
It said that Articles 74 and 75 of the Federal Constitution grant only the federal government the authority to enact laws and regulations regarding gambling.
Various district councils, including for Alor Setar, Sungai Petani, and Baling, were named as respondents alongside the Kedah government and Sanusi in the legal action.
Since January 2023, Kedah has shut down all its 45 gaming outlets, while Kelantan and Terengganu have imposed the ban since 1990 and 2020, respectively.
