Are arrests under Peaceful Assembly Act 2012 still lawful?

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Arrests Under the Peaceful Assembly Act 2012 Remain Contentious Amidst Legal Declarations

Arrests made under the Peaceful Assembly Act 2012 (PAA) are currently a subject of legal contention, as recent court declarations of the act's unconstitutionality have not halted police enforcement. Despite claims that the PAA has been ruled unconstitutional, law enforcement agencies continue to make arrests, citing provisions within the act and the Penal Code. This situation has prompted calls for investigation by human rights bodies, highlighting concerns over the fundamental right to peaceful assembly.
Previous Court Ruling on the Act's Constitutionality

The Peaceful Assembly Act 2012 was reportedly declared "unconstitutional" by a court last year. This judicial pronouncement has created a significant legal grey area regarding the act's enforceability and the validity of subsequent actions taken under its provisions. The specific details of this ruling, including the exact date and the presiding court, are crucial for understanding the full legal ramifications.
Continued Police Enforcement and Arrests

Notwithstanding the alleged unconstitutionality of the PAA, the police have continued to arrest individuals, including rally organisers and activists, in connection with assemblies. For instance, arrests were made following the #KitaLawan rally, with individuals investigated under Section 9(5) of the PAA and Section 143 of the Penal Code for unlawful assembly. This continued enforcement suggests a divergence between judicial declarations and operational practices.
Allegations of Rights Violations and Suhakam's Involvement

Critics argue that these arrests, particularly when made under an act declared unconstitutional, constitute a violation of the right to assemble peacefully, as enshrined in Article 10 of the Federal Constitution. In response to these concerns, the Human Rights Commission of Malaysia (Suhakam) has received a memorandum urging them to investigate these arrests. Suhakam has indicated its intention to review the matter and make a decision.

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Are arrests under Peaceful Assembly Act 2012 still lawful?

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