Theysomayanantham Nilakshan, a director of a company here that exports rubber gloves, filed a writ of habeas corpus in the High Court on Tuesday, accompanied by a certificate of urgency for the case to be heard.
His lawyer, T Harpal Singh, said the application was filed as the extended detention under the Immigration Act – following the expiry of a two-day detention order under the Criminal Procedure Code (CPC) – was unconstitutional and illegal.
“Article 5 of the Federal Constitution states that no person shall be deprived of his life and personal liberty save in accordance with the law. This provision does not discriminate against a foreigner with valid travel documents,” he said.
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Theysomayanantham named the inspector-general of police and deputy superintendent of police R Saravanan as respondents.
Harpal, who filed an affidavit in support of the application, said his client was arrested by the Bukit Aman commercial crime division on May 6 and produced before a magistrate the following day.
“The magistrate only allowed the suspect to be held for two days for investigation under Section 117 of the CPC. He was supposed to be freed or charged with an offence after that,” he said.
Instead, he said, Saravanan informed him that Theysomayanantham would be held for 14 days under Section 51(5)(b) of the Immigation Act.
Harpal said police could not detain Theysomayanantham further to verify his travel documents without producing him again before a magistrate.
“My client’s work permit only expires on Nov 18 this year. Even if police have any doubt, verification could be done online within two days without detaining him,” he said.
He said it was also undesirable to hold his client in a lock-up because of the pandemic.
Harpal also attached press reports of a statement by newly appointed inspector-general of police Acryl Sani Abdullah on May 7 that police could not remand foreigners for two weeks to confirm whether their passports or travel documents were genuine or otherwise.
“No dates have been given due to the Hari Raya holidays but I hope the application can be heard next week,” he said.