Justice Azizul Azmi Adnan said A Ananthagopi, 40, successfully proved his claim against A Jeinthan and the government on a balance of probabilities.
“I am awarding damages for (wrongful) detention from Oct 10 to Oct 22 when he was under police custody,” Azizul said in his ruling.
However, the judge absolved the home minister, the Inspector General of Police, the Negri Sembilan police chief and the state’s commercial crime chief of any wrongdoing.
Delivering his oral grounds of judgment this afternoon, Azizul ordered the defendants to pay Ananthagopi RM180,000 in general damages, being RM15,000 per day for 12 days of his wrongful detention.
Ananthagopi, who was represented by Karthigesan Shanmugam, Kanagavalli Krishnamoorthy and AR Thamayanthy, had sought damages for illegal detention between Oct 10 and Nov 10.
The judge also ordered another RM45,000 in exemplary damages after finding that Jeinthan’s actions were actuated by malice.
Ananthagopi was also awarded costs of RM30,000.
In his statement of claim filed on Dec 28, 2020, Ananthagopi, who hails from Tiruchirappalli in India, said he entered the country on March 7, 2020, and was expecting to leave by March 23.
However, he was unable to return to India after the government announced a lockdown and restricted movements beginning March 18, 2020.
At the time, Putrajaya announced a moratorium until Dec 31, 2020, and pledged that no action would be taken against foreigners who overstayed.
Arrested by the police on Oct 10 during investigations into the alleged theft of a deity at a temple in Rantau, Ananthagopi was eventually charged in Port Dickson magistrates’ court on Oct 22 for allegedly overstaying in Malaysia.
He claimed trial and was kept in the Sungai Udang prison in Melaka until Nov 10.
He was produced again before the magistrate on that date and secured an acquittal on account of the moratorium.
He filed the suit through Messrs Karthig Shan but left the country soon after.
Senior federal counsel Amalina Zainal Mokhtar represented the defendants.