Bangladeshi sues Putrajaya, cops, immigration department over ‘hurried’ whipping
The Malaysian Insider – 2 hours 20 minutes ago
A Bangladeshi worker is suing Putrajaya, the Immigration Department and the police for RM3 million for being whipped in prison while waiting for his case to be reviewed.
Alamin Sheikh Badsha Sheikh, 28, a construction worker, was sentenced in July last year to three months jail and ordered to be given three strokes of the cane after he pleaded guilty to a charge of failing to furnish valid travelling and working permits.
He was arrested in June and produced in the Bukit Mertajam Magistrate's Court the following month, where he pleaded guilty to the charge without a lawyer representing him.
Only after Alamin was sentenced did his employer turn up with valid documents to prove his innocence.
He was waiting for his case to be reviewed at the Penang High Court when the prison in Pokok Sena carried out his whipping.
Lawyer S. Raveentharan, who has taken up Alamin's case, said his client received three strokes of the cane on October 9, just 16 days before his case was to be heard at the High Court, where judge Datuk Zamani Abdul Rahim set aside the conviction under the Immigration Act.
"Even the judge was surprised and astonished that the prisoner had already been sentenced and caned.
"This is a case of justice being hurried. Was the hurried execution for reasons only known to the police, prison and immigration departments? Is there a fundamental breach of duty of care by the officers?" he said at a press conference today.
He said Alamin, who had no legal counsel to advise him when he was charged in court, had pleaded guilty without understanding the charge.
Alamin was not present at the press conference, as he is detained at Langkap immigration detention centre in Perak pending his deportation.
Raveentharan said his client is suing the government for his ordeal, naming also the director-general of the Immigration Department, the department's investigating officer, the inspector-general of police, the Penang police chief and the police investigating officer as defendants.
"We are asking RM1 million in damages for each stroke," he said.
In the statement of claims filed today at the High Court, Alamin is seeking general and special compensation for the pain, suffering and depression he went through.
Raveentharan also said Alamin would undergo a medical check-up to assess the possible physical damage he may be suffering as a result of the whippings.
"The whippings might have affected his ability to produce children in future," he said.
He added that Alamin is also seeking compensation for loss of income of RM1,300 a month during his imprisonment from July to November.
In addition, he is seeking compensation of RM25,000 a day for the 90 days he spent in jail, Raveentharan said. – April 11, 2014.
