A Bangladeshi worker, whose conviction and sentencing for illegally entering Malaysia was set aside by the High Court, has filed a suit against Malaysian government, according to Malaysian English daily The Star.
Alamin Sheikh Badsha Sheik, 28, is claiming RM3mil (around USD 926,499) in damages for “torture and suffering” he sustained as a result of the three strokes of the rotan he received as punishment and RM2.25mil for the 90 days he was jailed.
He is also claiming for, among others, general damages, special damages, damages for pain and suffering and damages for the loss of manhood due to the caning.
He named Ridzuan Yusof from the Passport and Security Division of the Immigration Department, Immigration Department director-general Aloyah Mamat, investigating officer Sarjan Mahayun Zuhairi Yadi Zukuri, Penang police chief Senior Deputy Comm Datuk Abdul Rahim Hanafi and Inspector-General of Police Tan Sri Khalid Abu Bakar as defendants.
A Bangladeshi worker is suing Putrajaya, the Immigration Department and the police for RM3 million for being whipped in prison.
— Malaysian Reform (@MalaysianReform) April 11, 2014
Alamin said in the statement of claim in his suit, which was filed on March 20, that he was a legal foreign worker with a permit valid until July 19, 2014.
He said he was hired by a construction company in Bukit Mertajam with a monthly pay of RM1,300.
He said he was arrested on June 28 last year and subsequently jailed three months and given three strokes of the rotan by the Bukit Mertajam magistrate’s court for not having valid travel documents.
He added that the High Court, on October 25 last year, allowed his application for a revision of the case and set aside the conviction and sentence but he had already served his jail term and was caned by then.
His lawyer S Raveen Tharan said Alamin had pleaded guilty when charged on July 18 last year for the offence under Section 6 (1)(c) of the Immigration Act and another offence of possessing a stolen motorcycle under Section 411 of the Penal Code.
“Alamin was also jailed three months for the other offence and both jail terms ran concurrently,” Raveen said at a press conference yesterday after the High Court here granted an application by him to amend the statement of claim.
He said Alamin, who is currently detained at the Langkap Immigration Depot in Perak pending his deportation, was sentenced without the knowledge of his employer who held his documents, adding that he believed his client pleaded guilty without understanding the nature of the charge.
Alamin also mentioned in his statement of claim that the caning had caused him to lose his manhood and that he now felt numbness in the buttocks and legs.
Raveen, who was hired by Alamin’s family members, said he had applied for an injunction to prevent Alamin from being deported pending the completion of the suit.
The High Court fixed case management for the application on April 18.