PETALING JAYA: A defence lawyer has criticised the justice system over a perceived injustice against a foreign student charged with not having a permit to stay in Malaysia.
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Rajpal Singh, who is representing Bangladesh national Md Asraful Gani Chy, is particularly offended by the prosecution’s decision to challenge a magistrate’s decision to offer bail to his client.
Speaking to FMT, he described Chy’s case as a “microcosm of the injustice” that some foreign nationals had suffered in Malaysia.
Police arrested Chy on Nov 3 at a restaurant where he was meeting a friend.
He told the raiding officer he was pursuing a degree course at City University and produced his student card to prove it. He explained that the university was holding his passport to enable a visa renewal.
The officer did not entertain the explanation and Chy was held under police custody and not produced before a magistrate for a remand order. The Immigration Act allows this.
The university subsequently sent a representative of its student affairs department, Jamalullail Alias, to Sea Park police station to hand over the passport but was told the investigating officer in the case had been detained for a probe.
On Nov 13, after he had been locked up for 10 days, Chy was produced at a Magistrate’s Court and charged with not having a valid pass or permit to stay in Malaysia, an offence under a section of the Immigration Act which provides for a fine of up to RM10,000, a jail term of up to five years and whipping of up to six lashes. The court can order one of the punishments or two of them or all three.
He claimed trial and was sent to Bentong prison.
Three days later, his predicament came to the knowledge of a friend, who proceeded to engage a lawyer for his defence.
He was again produced before the magistrate on Nov 25 and was granted bail of RM6,000 with two sureties because he was due to sit for an examination. He was also ordered to report to Sea Park police once a month.
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Jamalullail, who was at the court, produced the passport and the renewed visa.
The case will come up for mention on Feb 5.
However, the deputy public prosecutor has filed a revision in the High Court to challenge the magistrate’s decision to offer bail to Chy.
The challenge will be heard before a judge in Shah Alam on Monday.
Rajpal noted that Chy had been detained for more than three weeks.
He described the prosecution’s challenge as ridiculous, saying Jamalullail’s surrendering of the passport meant his client might not have committed an offence.
He said bail was at the discretion of the court and could be given to foreigners with conditions attached.
“Why incarcerate a person in prison when the charge appears defective?” he added.
He also said it was time for the government to amend the Immigration Act to compel law enforcement agencies to produce foreigners before a magistrate to detain them for investigation.
“The Federal Constitution states that no one shall be deprived of his life and liberty save in accordance with the law,” he said. “Our charter of destiny also states that all persons are entitled to equal protection of the law.” -FMT