A 28-year-old Bangladeshi was arrested and subsequently jailed by a Bukit Mertajam magistrate, who also ordered he be given three strokes of the rotan last year, despite the worker having a work permit valid until July this year.
Alamin Sheikh Badsha Sheikh was caned on Oct 9 last year, and jailed from July 19 until Nov 18 last year upon pleading guilty.
The worker did not have a valid travel document and work permit with him when stopped at a police roadblock in Bukit Mertajam on June 6 last year. His documents were with his employer.
The High Court in Penang on Oct 25 last year revised his case and set aside the conviction under Section 6(3) of the Immigration Act.
To judge Zamani Abdul Rahim’s surprise and astonishment, the worker had already been caned and his sentence completed, lawyer S Raveentharan told a press conference today.
Today, Alamin filed a suit against the Malaysian government, director-general and investigating officer of the Immigration Department, the inspector-general of police, the Penang police chief and the investigating police officer for RM3 million (RM1 million for each stroke), the counsel said.
He said Alamin filed his statement of claim at the Penang High Court today, and is suing the defendants for “vicarious liability” for their negligence, carelessness and shabby work done and executed without due care and diligence on an innocent man.
Alamin is also seeking compensation for “losing his manhood” due to whipping, loss of income of RM1,300 per month for the days he did not work, for depression and also RM25,000 a day for 90 days of wrongful imprisonment (three months).
Alamin was imprisoned and had indeed greatly suffered as he was deprived of his basic human rights as an individual, Raveentharan added.
“By bringing this matter to the High Court, we hope the courts will see it fit to enshrine justice for this innocent man,” he said.
Alamin is currently detained at the Langkap Immigration detention centre, pending deportation.
Raveentharan said it is believed that for cases involving deportation, the execution of a sentence on the wrongdoers or the designated individual to be punished would usually be carried out prior to their deportation to their respective countries and not otherwise.
He said this was “highly questionable” and there seemed to be an apparent and glaring “miscarriage of justice” suffered by Alamin.
‘Justice huried is justice buried?’
“The man is innocent. Is this a case of where justice hurried is justice buried by the authorities?
“The execution of the sentence was hurried, indeed for reasons only known to the Malaysian Crown officers, namely the Prisons Department and Police Department,” Raveentharan said.
“Is there a fundamental breach of duty of care by the officers of the Crown of Malaysia?” he asked.
“Why was the execution of whipping so speedily conducted, executed and completed on this innocent individual?” he asked.
Alamin Sheikh Badsha Sheikh was caned on Oct 9 last year, and jailed from July 19 until Nov 18 last year upon pleading guilty.
The worker did not have a valid travel document and work permit with him when stopped at a police roadblock in Bukit Mertajam on June 6 last year. His documents were with his employer.The High Court in Penang on Oct 25 last year revised his case and set aside the conviction under Section 6(3) of the Immigration Act.
To judge Zamani Abdul Rahim’s surprise and astonishment, the worker had already been caned and his sentence completed, lawyer S Raveentharan told a press conference today.
Today, Alamin filed a suit against the Malaysian government, director-general and investigating officer of the Immigration Department, the inspector-general of police, the Penang police chief and the investigating police officer for RM3 million (RM1 million for each stroke), the counsel said.
He said Alamin filed his statement of claim at the Penang High Court today, and is suing the defendants for “vicarious liability” for their negligence, carelessness and shabby work done and executed without due care and diligence on an innocent man.
Alamin is also seeking compensation for “losing his manhood” due to whipping, loss of income of RM1,300 per month for the days he did not work, for depression and also RM25,000 a day for 90 days of wrongful imprisonment (three months).
Alamin was imprisoned and had indeed greatly suffered as he was deprived of his basic human rights as an individual, Raveentharan added.
“By bringing this matter to the High Court, we hope the courts will see it fit to enshrine justice for this innocent man,” he said.
Alamin is currently detained at the Langkap Immigration detention centre, pending deportation.
Raveentharan said it is believed that for cases involving deportation, the execution of a sentence on the wrongdoers or the designated individual to be punished would usually be carried out prior to their deportation to their respective countries and not otherwise.
He said this was “highly questionable” and there seemed to be an apparent and glaring “miscarriage of justice” suffered by Alamin.
‘Justice huried is justice buried?’
“The man is innocent. Is this a case of where justice hurried is justice buried by the authorities?
“The execution of the sentence was hurried, indeed for reasons only known to the Malaysian Crown officers, namely the Prisons Department and Police Department,” Raveentharan said.
“Is there a fundamental breach of duty of care by the officers of the Crown of Malaysia?” he asked.
“Why was the execution of whipping so speedily conducted, executed and completed on this innocent individual?” he asked.
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