Bail upheld for Bangladeshi student subjected to alleged unwarranted detention
A Bangladeshi student charged for an immigration offence will continue to be out on bail.
This followed the High Court in Shah Alam this morning dismissing the prosecution’s revision application against the granting of bail by the Petaling Jaya Magistrate’s Court to the 26-year-old college student...
A Bangladeshi student charged for an immigration offence will continue to be out on bail.
This followed the High Court in Shah Alam this morning dismissing the prosecution’s revision application against the granting of bail by the Petaling Jaya Magistrate’s Court to the 26-year-old college student.
Previously, it was reported that his lawyer Suraj Singh had called for legal reform to prevent unwarranted detention of foreigners when their passports are actually validly kept by their universities or agencies.
Suraj had claimed that his client was subjected to unwarranted arrest when the accused was unable to produce his passport when asked by a raiding officer.
It was also reported that the accused’s legal team had questioned the prosecution going ahead with a revision application to challenge the magistrate’s decision to grant bail to the Bangladeshi student, after being charged on the alleged immigration offence.
The High Court judge in Shaha Alam, Nurulhuda Nur’aini Mohamad Nor, today ruled that there is no need to proceed with the revision application because the investigation officer has already confirmed that the accused’s passport was kept by the university.
“The IO (investigation officer) has already confirmed (the passport). So why the need for (application for) revision?” the judge asked deputy public prosecutor Mohammed Heikal Ismal.
Nurulhuda was responding after the DPP informed the court that the prosecution was still intent to proceed with the revision application, in spite of the confirmation of the accused’s travel documents.
The DPP had said that this is because when the accused was first charged at the lower court on Nov 13, the magistrate should not have granted bail as the prosecution was still in the midst of verifying whether the accused actually has a valid passport.
Nurulhuda also reminded the prosecution of the recent Federal Court decision, where the apex court allowed property agent Koh Chin Wah to be released on bail in spite of facing a charge under the Security Offences (Special Measures) Act.
“Are you aware of the Federal Court decision (involving Koh)? It is a Sosma case where the Federal Court applied the provisions of the CPC (Criminal Procedure Code) to allow bail (to Koh).
“So this (High) Court does not see any reason to disturb the ruling of the magistrate. Bail is maintained based on the fact that the IO has verified the document (passport) as valid.
“This case is remitted to the Magistrate’s Court for the magistrate to do the necessary,” Nurulhuda said in dismissing the prosecution’s revision application.
The Bangladeshi student’s case is fixed before the Petaling Magistrate’s Court on Feb 5 next year.
The accused was represented by Suraj and co-counsel Rajpal Singh.
Meanwhile, before the same bench of the High Court today, Nurulhuda also dismissed DPP Heikal’s revision application against a similar case where the Petaling Jaya Magistrate’s Court had allowed bail to 30 Chinese nationals charged with immigration offences.
The High Court judge made the decision after being informed by the 30 accused’s counsel Rajpal that the IO has also confirmed that all the accused had valid travel documents.
When met after today’s proceedings, Rajpal explained that the High Court made the decision after being satisfied that the 30 Chinese nationals' passports were being kept by their agent.
The lawyer explained that the 30 accused were arrested at Seri Kembangan. Selangor, and later charged at the Petaling Jaya Magistrate’s Court between Oct 24 and 31.
“They (30 accused) came to Malaysia with valid social visas prior to the imposition of the MCO (movement control order).
“Their travel documents were with their agent. They just wish to go back (to China),” he said.
Rajpal added that the immigration case of the 30 Chinese nationals would come up for mention before the Petaling Jaya Magistrate’s Court on Feb 2 next year.
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