KUALA LUMPUR, Aug 5 — Iranian national Mohammadhossein Samadi will hear the decision on his habeas corpus application for his immediate release from alleged unlawful detention on August 24.
High Court judge Datuk Mohd Yazid Mustafa set the date after hearing arguments from Mohammadhossein’s lawyer, Alex Antion Netto, and senior federal counsel Mohd Suhairy Zakaria who was representing the Immigration Department director-general in objecting to the habeas corpus’ application.
Prior to the application, Mohammadhossein was arrested for drink driving on March 25 and pleaded guilty to the offence upon which he served a two-day sentence and paid a RM10,000 fine.
Suhairy had told the court that Mohammadhossein was deemed a “prohibited immigrant” as per Section 8(3)(d)(i) following his conviction and the director-general of immigration had exercised his power rightly in attempting to deport the Iranian national.
However, Alex had argued that Mohammadhossein’s arrest by the Immigration Department did not adhere to the law, stating that his visa was revoked, which opposes the precedent set in the 2008 case of Pakistani national Sajad Hussain Wani against the director-general of immigration.
In Mohammadhossein’s application, he had named the directors-general of the Prisons and Immigration Departments, and the Home Ministry as respondents.
Mohammadhossein has been in detention for over four months since his arrest in March.
In a supporting affidavit to the application, Mohammadhossein’s wife, Ginny Lim Su Lane, had called his arrest unconstitutional and stated that she was not aware as to the grounds of her husband’s detention by the Immigration Department.
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