PETALING JAYA, Aug 2: Rocky, the dog that recently died in Klang, during an alleged stray-capture operation, is not a property and hence the investigation into its death by the police must be undertaken under the Animal Welfare Act, and not the Penal Code, says Lawyers for Animal Rights.
“The investigation into the death of the dog during a stray-capture operation conducted by the Klang Royal City Council (MBDK) on 29 July 2026 cannot properly proceed under section 428 of the Penal Code.
“Section 428 is an offence of mischief, governing offences against property. It exists to protect proprietary value, not sentient life,” lawyer Rajesh Nagarajan said in the statement.
“To investigate the killing of a dog, restrained and dragged while its owner pleaded for its release, as a matter of damage to property is to treat a sentient animal as fungible with a broken window or a dented car. Parliament enacted the Animal Welfare Act 2015 for exactly this situation.
“Section 29 criminalises the infliction of unnecessary pain or suffering; section 30 prohibits the killing of an animal save under a defined statutory exception. Any investigation confined to the Penal Code fails to give effect to Parliament’s clear intention.”
Rajesh also called on the Malaysian police to state, publicly and without delay, why the investigation of Rocky’s brutal killing is not under the Animal Welfare Act 2015.
“A council-sanctioned operation is not a licence to cruelly kill dogs. The presence of enforcement officers at the scene does not convert an unlawful act into a lawful one. Every person involved, resident, contractor, enforcement officer, or official must be investigated and, where the evidence justifies it, prosecuted under the Animal Welfare Act 2015.
“Anything less signals that cruelty committed under the cover of an official operation will be treated more leniently than Parliament intended, and that is a signal the law does not permit PDRM to send.”
Rajesh also cited the recent statement from the Tengku Permaisuri of Selangor Hajah Norashikin, who had stated that no party, private individual, contractor, enforcement officer, or government agency is above the law where animal cruelty is concerned, and has called for a thorough investigation and appropriate legal action.
“Her statement expressly invoked the Animal Welfare Act confirmation, from the highest public quarter, that this is the framework Malaysian law recognises as governing cruelty to animals. PDRM should treat that recognition as reinforcing the statutory position and immediately re-classify Rocky’s killing under the Animal Welfare Act.”
–WE