The government should withdraw its appeal at the Federal Court against former ISA detainee Badrul Zaman PS Mohamad, who died on Thursday.

 

His lawyer M Manoharan said Badrul Zaman, 68, was awarded damages worth RM300,000 by the Court of Appeal for unlawful detention.

 

“The Home Ministry and government should consider withdrawing its appeal at the Federal Court following his death and leave the amount (unchallenged),” he told Malaysiakini .

 

The KL High Court awarded him RM3.3 million in damages in one of the largest quantum ever to be awarded to an ISA detainee for unlawful detention, said Manoharan.

 

However, the amount was slashed to RM300,000 and now the government is appealing for a further reduction, he added.

 

They should stop the appeal, said Manoharan ( right ), following Badrul Zaman's passing after a long illness and the repeal of the Internal Security Act, 1960.

 

“Although the damages awarded by the Court of Appeal was only RM300,000, it is worth more than that, it being a 1994 case and the award runs from that date, along with eight percent interest.”

 

Badrul Zaman was jailed under the detention without trial law between 1991 to 1994. The law was repealed 2012.

 

He was released following a successful habeas corpus application at the Penang High Court, which was not appealed.

 

Unlawful detention

 

A five-member bench led by Court of Appeal president Justice Md Raus Sharif, had on Sept 9, 2014, granted leave (permission) to the government to appeal the decision on the wrongful detention.

 

In granting the government's appeal the Federal Court, the bench allowed two questions be posed, namely provisions of Section 8B (1) and 8C of the ISA, on whether the court had the jurisdiction to award damages for tort of false imprisonment against the home minister.

 

Badrul Zaman named the Kamunting detention centre superintendent, deputy home minister, and the government, and held them liable for unlawfully detaining him for three years.

 

He was detained for alleged involvement in issuing fake permits and passports to foreign workers.

 

The same apex court panel however, refused to allow Badrul Zaman to appeal against the reduced quantum to the RM3.3 million that was awarded by the Kuala Lumpur High Court in 2010.

 

Manoharan said Badrul Zaman was actively involved in politics, when he joined the MIC.

 

However, following his disagreement with then president S. Samy Vellu, he left and was one of the founding members of Malaysian Indian Muslim Congress, also known as Kimma, in 1977.

 

Manoharan, who is also former Kota Alam Shah assemblyperson, said his client left Kimma and joined the DAP but was expelled after he contested as an independent.

 

Badrul Zaman died as a PKR member and is survived by four children.