Lawyer S Raveentharan claims there is a “concerted effort” by some government officers to deny a foreign worker his constitutional rights by not allowing him to reaffirm an affidavit related to his court case while detained in the Langkap detention centre.

Raveentharan ( left ) said he was allowed to meet with his client , Alamin Sheikh Badsha Sheik, 28, on Tuesday, for about 15 minutes but the latter was not allowed to reaffirm an affidavit before  a commissioner of oaths who accompanied the lawyer to the dentention centre in Perak.

He questioned why Alamin, who needs to reply to an affidavit from the Attorney General’s Office, was prevented from reaffirming his for a case set to  go on trial at the Penang High Court on May 30.

“Does the Immigration Department have any locus standi to deny my client his rights, while arrogantly ordering me to obtain permission (for my client to reaffirm the affidavit) from the Immigration legal advisor when the case is already at the Penang High Court?” Raveentharan asked, when speaking to Malaysiakini on the matter.

He said a notice of criminal revision and a supporting affidavit have been filed in court so that the criminal charges against Alamin for possessing a stolen motorcycle under Section 411 of the Penal Code will be set aside.

In July 18 last year, Alamin had pleaded guilty to the charge, and for illegally entering the country under Section 6 (1)(c) of the Immigration Act although he holds a work permit valid until July 19 this year.

Ignorance ends in incarceration

Alamin’s employer, who runs a construction company in Bukit Mertajam, held his documents and had said he believed the foreign worker pleaded guilty without understanding the nature of the charge.

On Oct 25 last year, the Penang High Court had set aside the conviction and sentencing for illegally entering the country but Alamin had already been  sentence to jail and three strokes of the rotan.

Raveentharan said the Immigration Department, represented by the Attorney-General’s office had entered a memorandum of attendance on Apr 10 for the court case, therefore, its legal advisor has no locus stand to decide the matter.

“Has the Immigration Department obtained any orders from the Attorney-General’s office to do so? We have been prevented from doing our official duty without any logical reason,” he added.

“Why has the Immigration Department denied my client his constitutional rights? Why have I, as a lawyer and officer of the court, been denied my official duty?” Raveentharan asked.

He asked if the Immigration Department will bear the cost and responsibility for the delay in court proceedings arising from its own actions.

“We have been ordered by our client to put in the notice and whatever obstruction and denial of that duty, the Immigration Department should be shameful,” Raveentharan said.

This is because it  should do its service for the country with integrity and not the other way around, he added.

Alamin is also claiming RM3mil in damages for “torture and suffering” he sustained as a result of the three strokes of the rotan he received as punishment and RM2.25mil for the 90 days in jail.

He has named Ridzuan Yusof from the Passport and Security Division of the Immigration Department, Immigration Department director-general Aloyah Mamat, investigating officer Sarjan Mahayun Zuhairi Yadi Zukuri, Penang police chief Senior Deputy Comm Abdul Rahim Hanafi and Inspector-General of Police Khalid Abu Bakar as defendants.