Tufail Ahmad, 35, was charged at a magistrate’s court here last week.

The magistrate fixed his case for mention on June 12, 49 days after he was produced in court on April 24.

Lawyer Rajpal Singh raised the matter to the Malaysian Bar which assisted in having the case heard earlier.

“Tufail will be produced before a magistrate on Monday (May 4) for bail application,” he told FMT.

The lawyer added that Tufail, from Barabanki, Uttar Pradesh, has legal travel documents and a work permit.

Tufail, a tailor, was said to have committed the offence at Pangsapuri Damai in Sungai Way here at about 5.30pm on April 11 by failing to provide a valid reason for being outdoors.

Rajpal said Tufail could have been freed as a bailor had been present that day.

“This is a summons case, and bail should have been offered as a matter of right,” he said.

Tufail was held by the police for 13 days from April 11 until he was produced in court.

This is just under the limit of the immigration law which allows law enforcement agencies to detain foreigners for up to 14 days.

Lawyer A Srimurugan said holding Tufail as a remand prisoner for a long period was also unconstitutional.

“Article 5 of the Federal Constitution states that no person should be deprived of his life or personal liberty, and this includes foreigners,” he added.

He said lower court judges should use their judicial discretion when handling foreigners under the present situation when interpreters are not readily available.

“Moreover, keeping a suspect or accused person in prison defeats the social distancing requirement. These people also risk being infected.”

Those found flouting the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) Regulations are liable to a maximum fine of RM1,000, jail of up to six months, or both.

Fake or not? Check our quick fake news buster here.