The Kedah state government has lost its final bid to ban lottery outlets from operating within the state after the Federal Court ruled the move as unconstitutional.
A panel chaired by Justice Rhodzariah Bujang found that the leave application failed to satisfy the threshold required under Section 96(a) of the Courts of Judicature Act 1964, which deals with civil appeals from the Court of Appeal to the Federal Court.
The court also ordered the Kedah government to pay RM50,000 in costs, reported FMT.
Also in the panel were Justices Collin Lawrence Sequerah and Azmi Ariffin.
This comes after the Kedah government filed an appeal following the Court of Appeal’s ruling that the move to not renew the licence of several pool betting agents, their companies and officers was unconstitutional.
In its ruling, the Court of Appeal said matters related to pool betting and lotteries are within the finance ministry’s jurisdiction, adding that the Kedah government’s move to not renew gaming licences was “usurping the finance minister’s power”.
Timeline of events
The ban was first announced by Menteri Besar Datuk Seri Muhammad Sanusi Md Nor in 2021, who said that it was aimed at “ensuring a Kedah free of gambling” and to prevent the “collapse of family institutions and even civilisations besides resulting in debt problems”.
He also said those who wished to place bets could go to other states such as Penang.
Following the blanket ban which came into effect in January 2023, three betting companies sued the Kedah government and won the case after the Alor Setar High Court ruled in their favour and ordered the government to compensate the plaintiffs for the losses incurred due to the ban.
With the Federal Court’s ruling, now only three states have effectively banned gambling within its borders, namely Perlis, Terengganu, and Kelantan.
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