Syeda, through her solicitors, S Karthigesan and R Kengadharan, filed a suit in the Kuala Lumpur High Court last Friday.
The suit names the government, former home minister Hamzah Zainudin, immigration director-general Khairul Dzaimee Daud, Inspector-General of Police Acryl Sani Abdullah Sani, the government of Pakistan, the representative for the United Nations High Commissioner for Refugees (UNHCR) in Kuala Lumpur Thomas Albrecht, a deputy superintendent identified only as Kanden, and current home minister Saifuddin Nasution Ismail.
Syeda was named the first plaintiff while Fawad was named the second plaintiff.
At a press conference today, her lawyers said the plaintiffs are seeking a habeas corpus order for the authorities to produce Fawad within 24 hours of the court’s order to do so.
Alternatively, if Fawad has been deported, they have asked for the authorities to repatriate him back to Malaysia.
They are also seeking an interlocutory injunction against the government from deporting Fawad from Malaysia until further order by the court.
The plaintiffs are also asking for an interim order for Syeda and her brother to remain in Malaysia at the reasonable expense of the government until the final determination of the case.
Syeda’s lawyers have confirmed that she and her brother have been sent back to Pakistan upon the expiry of her visa, on Jan 16.
“The priority here is her safety. We understand that the Pakistani government has attempted to reach Syeda at her residence there,” Karthigesan said.
Kengadharan added that attempts to ask the authorities for proof that Fawad has been sent back to Pakistan were met with silence.
The plaintiffs have also asked the court for a declaration that the defendants have committed fundamental human rights violations against the United Nations.
They also claim that the defendants have committed a crime under the Rome Statute and the International Convention for the Protection of All Persons from Enforced Disappearance.
Additionally, they claim Article 5 of the Federal Constitution and other fundamental liberties therein have been breached.
Fawad, 41, who had been in exile in Malaysia for more than 10 years, had been missing since Aug 23 last year.
A UNHCR refugee card holder, he had sought asylum in Malaysia for alleged persecution in Pakistan over articles published in several English dailies there related to purported government corruption.
Earlier this month, Saifuddin said Fawad had been deported in August at the request of the Pakistani government.
Saifuddin said while the Malaysian media had described Fawad as a journalist, Pakistani authorities claimed he was a former policeman facing disciplinary action.