PUTRAJAYA: The Federal Court has dismissed a Bangladeshi man’s appeal for a writ of habeas corpus to secure his release from detention.
The decision was made by a three-judge panel comprising Court of Appeal President Tan Sri Amar Abang Iskandar Abang Hashim and Federal Court judges Datuk Harmindar Singh Dhaliwal and Datuk Abdul Karim Jalil last July 23.
The panel upheld the High Court’s decision which dismissed Md Sagahan’s habeas corpus application.
Md Sagahan was arrested during a raid by the Immigration Department at a cabin used as an office for Sagahan Enterprise at Eastern Steel Sdn Bhd, Teluk Kalong Industrial Estate, Kemaman, Terengganu, on Nov 15, 2023.
He was in the cabin counting money intended to pay for workers’ salaries. Items seized included RM272,500, a money-counting machine, payroll logbooks, punch cards, and copies of the work schedule.
On Nov 28, 2023, Md Sagahan was brought to the Kuala Terengganu Magistrate’s Court, where the Magistrate ordered his detention until Dec 21, last year. He was later offered a compound, which he accepted by paying RM300.
On Dec 5, last year, the Director-General of Immigration revoked Md Sagahan’s temporary work permit pass (PLKS) for violating its conditions by working as a cashier, instead of as a construction worker as specified in the permit.
On the same day, the Director-General of Immigration issued an Order of Removal under Section 56 of the same Act against Md Sagahan.
Following this Md Sagahan was temporarily detained at the Ajil Detention Depot before being deported to his home country on Dec 11, last year.
He applied for a writ of habeas corpus on Dec 7 last year, challenging the actions of the Immigration Director-General, the Commandant of the Ajil Immigration Detention Depot, Terengganu, the Home Minister and the Government of Malaysia.
Md Sagahan claimed he did not commit any immigration offences as his PKLS is valid until Aug 28 this year and his employer is AHZ Bina Holding (M) Sdn Bhd.
On Feb 15 this year, the Kuala Terengganu High Court dismissed his habeas corpus application.
The High Court judge Datuk Hassan Abdul Ghani ruled that Md Sagahan had violated three conditions of his PKLS -- working outside the designated area without valid permission, working as a cashier rather than in construction and working in a different sector from what was permitted.
The High Court proceeded with Md Sagahan’s habeas corpus application despite his (Md Sagahan) deportation, as the judge said it was the court’s duty to examine the entire process to determine whether the actions taken by the Immigration Department were under the law.
Lawyer T. Harpal Singh represented Md Sagahan while senior federal counsel Mohd Zain Ibrahim, federal counsel Nuur (rpt: Nuur) Izham Ismail and deputy public prosecutor Wan Imaan (rpt: Imaan) Ikhwan Wan Iskandar Mirza appeared for the Immigration Director-General, the Commandant of the Ajil Immigration Detention Depot, Terengganu, the Home Minister and the Government of Malaysia.
