Can Kedah issue new gambling licences after the court decision?

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Kedah Cannot Issue New Gambling Licences Following Federal Court Decision

The Kedah state government has not decided on issuing new licences for gambling premises following the Federal Court's rejection of its appeal. While Menteri Besar Datuk Seri Muhammad Sanusi Md Nor indicated the state is examining legal options, he stated that any future action must comply with the court's ruling, which found the state's directive on gambling licences to be ultra vires and inconsistent with the Federal Constitution. The government will seek legal advice to understand the implications and determine permissible actions.
State Awaiting Legal Counsel on Next Steps

Following the Federal Court's dismissal of its appeal, the Kedah state government is seeking legal advice to determine its precise legal standing and available options. Muhammad Sanusi stated that the state cannot act in a manner that risks contempt of court, acknowledging that lawyers will clarify what is binding and what actions are permissible. This process is intended to ensure any further steps align with the court's decision.
Federal Court Ruling Invalidates State Directive

The Federal Court rejected the Kedah government's application for leave to appeal a Court of Appeal ruling. This appellate court had previously affirmed a High Court decision declaring the state government's directive concerning gambling licences to be ultra vires. The term ultra vires signifies that the directive exceeded the legal powers vested in the state government and was found to be inconsistent with the Federal Constitution.
Stance on New Licences Remains Undecided

Regarding the possibility of issuing new licences for gambling premises, Muhammad Sanusi stated that no decision has been made. He indicated that the need for such licences would depend on demand, suggesting that without demand, there would be no supply. The government's position on this matter is contingent on further evaluation and legal consultation.
Policy Basis Rooted in Religious Principles

Sanusi rejected suggestions that Kedah's zero-gambling policy was aimed at infringing upon the rights of non-Muslims. He asserted that the state government's stance is founded on religious principles, specifically Islamic prohibitions against gambling. He clarified that while Islam forbids gambling, the decision on whether to issue licences is a matter for the government to consider, particularly given that Muslims are also prohibited from participating.

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Can Kedah issue new gambling licences after the court decision?

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