Judge Noorin Badaruddin granted the declaratory relief sought by Wong Chun Khuen that his constitutional rights under Article 5(4) of the Federal Constitution had been breached by the department.

According to the facts of the case, Wong was arrested by immigration officers on Feb 28, 2018 on claims of harbouring six illegal immigrants under Section 55E of the Immigration Act.

He contended that he was not produced before a magistrate, as required under the law, after two weeks of his arrest.

Wong’s lawyer, Arun Kasi said he should have been taken before a magistrate by March 12, 2018 but the immigration did not do so. Instead, he said Wong was only produced before the court on March 26, with the additional 15-day detention being unlawful.

“We took up this matter for the court to answer the question if he was wrongfully arrested,” he said.

Arun said with today’s ruling, “the doors are open” for Wong to file a civil action for damages in the future.

“We did not seek damages for wrongful detention in today’s case,” he said.

Wong had pleaded guilty before the Johor Bahru sessions court in 2018 for immigration-related offences. He was slapped with a RM30,000 fine, in default six months’ jail.