PETALING JAYA: Tenaganita has criticised a decision by the Kuala Lumpur High Court to throw out a civil suit by an Indian migrant worker against the Immigration Department and the Malaysian government for unlawfully detaining him despite having a special immigration pass.
Tenaganita executive director Glorene Das said the Indian national, Jofin Jomon, was left dejected by the court’s decision on Jan 12.
Jofin filed his suit in September 2019 citing unlawful detention. He said he was wrongfully detained for 35 days at the Semenyih Immigration Detention Depot despite having acquired a Special Pass.
He acquired the pass after paying the penalty under an Amnesty programme launched by the Immigration Department in 2018 after surrendering himself.
Following his civil suit, the department and the government then filed an application to strike out the legal suit on the basis that his claim was without merit and disclosed no reasonable cause of action. The defendants also asked for a security of RM100,000 to be deposited in court.
Jofin, who was a victim of an alleged labour trafficking syndicate, had lodged a police report against his recruitment agency, but received no positive feedback.
He came to Malaysia in January 2018 after an agreement with the recruitment agent who had promised him a job and a working visa.
Speaking on the court’s decision, Tenaganita said he suffered “humiliation, beatings and loss of liberty” as a result of his detention at the Semenyih depot from Sept 28, 2018 until Nov 1, 2018.
Jofin has since filed an appeal through his counsel Navpreet Singh following the High Court ruling.