Objecting against a habeas corpus application filed by musician Mohmmadhossein Samadi for his release, senior federal counsel Mohd Suhairy Zakaria said the director-general had taken the measures after the Iranian was convicted for drink driving.
Mohmmadhossein had pleaded guilty to a drink driving charge at the Kuala Lumpur magistrates court on March 26 and was sentenced to two days jail and fined RM10,000.
He was arrested after completing his jail sentence and is being held at an immigration detention centre.
“Once he is convicted, he falls under the ‘prohibited immigrant’ category,” Suhairy told trial judge Mohd Yazid Mustafa.
Yazid asked Suhairy if a traffic offence was considered a “conviction” like other criminal offences, as stipulated under the Immigration Act.
Suhairy replied: “Under Section 8 (of the Immigration Act), any foreigner who has been convicted by our courts is deemed by the director-general as an ‘undesirable immigrant’.”
Mohmmadhossein’s lawyer, Alex Anton Netto, told the court that the immigration authorities did not adhere to the law when making the arrest.
“He still had a valid pass and a passport expiring in 2025 when he was detained by immigration,” he said.
“Why did immigration need to hurry to arrest him, right after he completed his jail term for drink driving? He has a family and two children here.”
Netto said the law required the immigration department to cancel Mohmmadhossein’s pass first before they could proceed with deporting him.
“We say that immigration did not do so before arresting him. The order to cancel his pass was only made on April 8,” counsel said.
Yazid fixed Aug 24 to rule on Mohmmadhossein’s habeas corpus bid.
Mohmmadhossein had named the directors-general of the prisons and immigration departments, and the home ministry as respondents in his application.
In a supporting affidavit, his wife, Ginny Lim Su Lane, said his detention was unconstitutional as it was not made known to him why he was placed under immigration custody.
Lim said she only knew the department wanted to deport Mohmmadhossein on May 6, after an officer named Nadia informed her.