Having only been recently embarrassed by the case of Nepali Mangal Bahadur Gurung, a migrant worker who was wrongly convicted, jailed and whipped for illegal entry, the authorities seem to be on track for a repeat performance.

Pahang-based Pajirudeen Pichaikani was arrested on April 22 by Rela officers in Selangor. According to his lawyer, the restaurant worker showed the volunteer police reserve officers a photocopy of his passport and work permit but it was ripped apart by the law enforcers.

Counsel Santhi Nagu ( photo ) told a press conference today that her client has since been wrongfully held at the Sungai Buloh prison since being transferred from the Semenyih detention centre shortly after his arrest. His trial on charges of illegal entry is set to begin on Aug 15.

The illegal entry charge under section 6(3) of the Immigration (Amendment ) Act 2002 - the same one that Mangal was charged under - carries a fine not more than RM10,000 or imprisonment not exceeding five years (or both).

If convicted, Pajirudeen can also be caned not more than six strokes of the rotan. Mangal was caned once during his 51 days of wrongful imprisonment, before a higher court overruled his conviction and sentence.

During the press conference, Santhi produced copies of Pajirudeen's valid passport and work permit which expires on Aug 9 this year. His case will be heard for mention on Aug 15 at the Petaling Jaya magistrate's court. Coincidentally, both the cases have the same immigration prosecuting officer.

"I have submitted his original (travel) documents to prosecuting officer Kasturi Bai Venugopal on her request and have sent a letter, dated June 29, to the Attorney-General's Chambers highlighting the case," Santhi - who is representing her client pro bono - said.

She added that she has not received a reply to her correspondence.

Overzealous enforcers

Labour rights group Tenaganita executive director Irene Fernandez, whose organisation arranged for today's briefing, questioned the immigration department's handling of the case as well as the legality of the government's decision to allow Rela officers to arrest foreigners.

"This arrogance of the Immigration Department has only led to another error. Its officers seem to use the most punitive and barbaric form of punishment on innocent, vulnerable migrant workers by charging them under Section 6 of the Act," she said.

In protesting the 'sweeping powers' given to Rela's powers, she said that the recent move to also authorise civil servants to arrest suspected illegal migrants would only serve to encourage '.... vigilantism and xenophobia in the country'.

Both Pajirudeen and Mangal ( photo, seated ), she said, have been made victims of an '... uncaring system and incompetent and overzealous law enforcers'.

Fernandez said Tenaganita was launching a three-month intensive campaign to urge the government and the relevant departments to practise accountability and transparency in its actions and policies. The campaign would also stress the need for checks and balances in enforcement procedures.

"Migrant workers are crucial to our economic growth. They should be seen as partners in the development of the nation, not as a commodity to be bought and sold, nor a means to make money," she said.

Mangal, who was arrested in March and released in May, was present to launch the campaign by sending 'Urgent Action' e-mails to organisations, both government and non-governmental, calling for Pajirudeen's immediate release.