T Harpal Singh said this happened because immigration authorities failed to send these foreigners to depots pending deportation to their countries of origin.

He said he had written to the immigration department as he had 10 clients who were still languishing in prisons nationwide.

“I wrote to the depot heads last week and copied my letters to the immigration director-general and prison heads about my clients’ predicament,” he said.

FMT has sighted the contents of the letter.

Harpal, who mainly handles cases related to foreigners, said he was made to understand there were about 1,500 individuals mostly from South Asian countries, who were “overstaying” in jails.

He said under normal circumstances, prison authorities would handover any foreigner who had served his jail term to the immigration department for the requisite documentation process before he is sent home.

This includes giving the foreigner and his employers time to purchase flight tickets and undergo a Covid-19 test.

“Pending the process, the foreigners will be held at immigration depots. Such detentions are legal as travel documents for most of them would have expired by then,” Harpal said.

Another lawyer, Zaflee Pakwan Teh, said a few of his former clients were also facing the same predicament.

“Legally, once they have served the jail term imposed by the courts, they cannot remain in prison for whatever reason,” he said.

Zaflee said such unlawful detentions could pave the way for these foreigners to file suits against the government, as their personal liberties were involved.

“Our Federal Constitution states that no person, including foreigners, shall be deprived of his life and liberty, save in accordance with the law,” he said.