Three activists were reportedly detained this morning during an anti-GST (Goods and Services Tax) flashmob in Sabah, allegedly under a law that court has ruled unconstitutional.

Human rights group Suaram told Malaysiakini the police cited Section 9(5) of the Peaceful Assembly Act 2012 (PAA), which was on Friday already declared unconstitutional by the Court of Appeal.

The three arrested were Gabungan Mahasiswa Islam Se-Malaysia (Sabah) chairperson Mohf Fathihie Daiman, Gabungan Anak Muda Menuntut Hak Rakyat Sabah (Gegar) spokesperson Khairuddin Daud and Gegar activist Firman Firdaus.

The trio were among some 30 people who conducted a flashmob at Gaya Street, Kota Kinabalu to protest the impending GST, which was passed in Parliament this month and will take effect on April 1, 2015.

Prior to being declared unconstitutional, Section 9(5) of the PAA provided for a fine of up to RM10,000 if assembly organisers failed to give police a 10-day notice.

Suaram coordinator Ahmad Syukri Ab Razab said police had tried to prevent the flashmob from proceeding, citing failure to give a 10-day notice, but reportedly acceded to the organisers' requested for five minutes to state their protest.

"However, before the five minutes were up, the three activists were arrested," he said in a statement today.

Sedition Act used instead

When contacted, Ahmad Syukri confirmed that police had cited the unconstitutional law, but later changed it to the Sedition Act 1948 after the activists arrived at Karamunsing police station.

"The police cited the Peace Assembly Act at the flashmob venue but after arresting the three activists and taking to the police station, they changed their mind and said they are doing their investigation under the Sedition Act for the speeches (the activists) made," he said.

Ahmad Syukri condemned the arrest as a violation of the right to freedom of assembly and expression as enshrined in the federal constitution.

He urged the public to contact the Karamunsing district police headquarters to pressure  for the immediate release of the three activists.

Meanwhile, NGOs in Kuala Lumpur are pressing on with a mega rally at Dataran Merdeka on May 1, Labour Day, to protest the new tax.

Police had also initially used the PAA to put off the rally, but the court ruling has throttled the authorities' efforts.

The police are now resorting to claiming the venue cannot be used due to ongoing construction works.