By Dawn Chan | New Straits Times
Bangladeshi opposition leader M.A. Quayum will submit evidence of an expert witness from his home country to support his habeas corpus application seeking release from what he claimed to be unlawful detention by the Immigration Department.
High Court judge K. Muniandy was informed of this development by Quayum’s counsel Kee Shu Min today, who said the evidence will be affirmed in an affidavit in reply three weeks from today.
Today’s proceedings was set to hear the habeas corpus application filed on Jan 15. However, Kee told the court that the defence wanted to file the affidavit in reply to the affidavit filed by the respondents on March 22.
Quayum from the Bangladesh Nationalist Party (BNP) filed the application seeking his release and to stay his deportation order pending a court decision after his arrest on Jan 12 by the police and Bangladeshi intelligence.
“We seek another date to file the affidavit in reply. As indicated, our expert witness is from Bangladesh and it is the Hari Raya celebrations. We seek three weeks from today,” she said.
The defence will be replying to three affidavits filed by the four respondents which are the Inspector-General of Police, Immigration director-general, Home Minister and the Malaysian government.
Judge Muniandy ordered the written submissions to be filed and served on or before May 31 and fix July 3 for hearing.
order on Quayum, the order of removal was still in existence.
Quayum and his family has been taking refuge in Malaysia with United Nations High Commissioner for Refugees (UNHCR) cards since 2015.
“He still has the order of removal hanging around his head. He has been putting in notice to the second respondent (Immigration DG) to withdraw the order.
“But to date, the position is that they will not withdraw despite the stay of order.
“He has been released temporarily on a special pass but the order of removal is still valid and he might be deported any time.
“The pass is to be renewed monthly and it expires tomorrow,” she said.
She also sought for the court to issue a notice of hearing to Quayum who has to go to the department to renew the monthly pass and required an official document.
To this, federal counsel Nur Syahidah Mohd Kamil said the stay of order is still effective and they would comply with it.
She said the department had given its undertaking not to deport Quayum and the special pass was granted pending the disposal of the case and appeal with the minister.
Judge Muniandy also ruled that the stay order is still in force.
On Jan 31, Home Minister Datuk Seri Saifuddin Nasution gave his assurance to Quayum’s lawyer that the department would abide by the court’s ruling.
Quayum’s daughter, Arnita Tasnim Ankaur, had said her father’s life would be in danger if he goes back to Bangladesh.
