A Muslim specialty restauranter Mohd Kani Majid, 43, who has been held since April 20 at the Rumah Merah (Red House), the detention centre in Menggatal for illegal immigrants, is…
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A Muslim specialty restauranter Mohd Kani Majid, 43, who has been held since April 20 at the Rumah Merah (Red House), the detention centre in Menggatal for illegal immigrants, is emerging as a test case of sorts for "Malaysians" stripped of their "citizenship" and earmarked for deportation to their "determined countries of origin".
Menggatal is in the outskirts of Kota Kinabalu but within the city limits.
Majid, who holds a "valid" MyKad and has voted thrice so far in the general elections, has lodged an application with the High Court in Kota Kinabalu for a revision of his Detention Order.
He listed himself in the application as a tax payer, contributor to the EPF (Employers Provident Fund) and is listed in the latest (2009) revised electoral rolls.
He first registered as a voter in 1999, according to the application.
His counsel, P. J. Perira and Ram Singh, have filed for a Certificate of Urgency for the case to be expedited given their client's continued detention.
Majid was arrested at his 24-hour restaurant, Kedai Kopi Jamiyah in Inanam, in the outskirts of Kota Kinabalu, by Malaysian Immigration authorities.
Apparently, the arresting officers determined that he was in fact an Indian national and not a Malaysian as claimed.
It is not known whether he was held during a campaign by the Immigration Department, a routine inspection or whether they were acting on a tip-off.
The restaurant has been in operation since 1999 with a valid licence issued by City Hall.
Briefly, in filing for the revision, Majid wants the High Court to determine the "correctness, legality or propriety of the Immigration Department remand or continuing remand".
He claims that he's entitled to the MyKad that he's currently holding.
Further, he argues that if the authorities believe his MyKad was obtained fraudulently, or through misrepresentation, then they should refer the matter to the Home Affairs Ministry under Article 27 of the Federal Constitution for a Notice of Enquiry to be held.
The National Registration Department (NRD), he points out, did not charge him under Section 25 (1)(e) of the National Registration Regulations 1990 for an alleged offence i.e. having a fake MyKad, or if it was a genuine MyKad, being in its possession when he was not entitled to have one.
No charges preferred
The Immigration Department, which arrested him, did not charge with any offence either, continues Majid in his pleadings.
Instead, he alleged, the Immigration Department "forced" him to apply for an Indian passport after seizing his Malaysian International Passport which is still valid.
The authorities, he complains, had also failed to comply with Article 5(3) and (4) of the Federal Constitution and inform him or his family members officially of the grounds of his arrest.
The Revision has also been served on the Immigration Sabah Director, Immigration Department Deputy Public Prosecutor, senior Federal Counsel, and the Home Affairs Ministry's Legal Advisor in Putra Jaya, the Federal Administrative Centre.
Records kept by Perira and Singh show that they wrote to the Home Affairs Ministry on July 27 on the detention of Majid.
Copies of the letter were extended to the NRD Director General, Immigration Director General, MACC (Malaysian Anti Corruption Commission) Chairman and the Suhakam (Malaysian Human Rights Commission) Chairman.
Only the NRD Director General replied, on July 29, saying that the matter would be referred to the NRD Sabah in Kota Kinabalu.
The lawyers wrote on Aug 7 to the Prime Minister to bring Majid's continued detention to his attention.
Copes of the letter were extended to the NRD Director General, the Immigration Director General, the MACC Chairman and the Attorney General.
Only the AG's Chambers responded on Aug 12 saying that they had forwarded the letter to the Home Affairs Legal Department.
Earlier, on Aug 6, the lawyers wrote to the Immigration Sabah Director requesting for documents in regard to Majid's continued detention.
Copies of the letter were extended to the Immigration Director General, the NRD Director General and the AG's Chambers. There was no reply.
On Aug 12, they wrote again to the Immigration Sabah Director with copies to the same parties.
Again, there was no reply.
Arrived 10 years ago
According to the facts of the case according to the lawyers, Majid arrived in Sabah from India in 1983 and worked as a restaurant helper in Papar along the west coast, an hour's drive south of Kota Kinabalu.
Ten years later, in 1993, he applied for a Malaysian identity card (IC) through the district NRD office under the IC Projek Pedalaman (Interior Division IC Project).
It was not immediately clear what personal documents he used to apply for the Malaysian IC.
He claimed that some 100 other Indians and Pakistanis applied for the same document (IC) together with him.
Majid claims that he obtained the IC through the NRD Papar
sometime in 1993/94 and issued by the NRD in Kota Kinabalu.
It is not known whether the other 100 Indian and Pakistani applicants with him received Malaysian Identity Cards as well. Upon receipt of his Malaysian IC, Majid claims that he surrendered his Indian passport to the authorities. It is not known to which authority.
Majid claims that to satisfy himself that his Malaysian IC was genuine, he wrote to the NRD Sabah for verification of his document.
He claims receiving a letter from the NRD dated Nov 4, 1994, informing him that his Malaysian IC was genuine.
He also claims to be in possession of a letter from the NRD Sabah bearing the signature of the then Deputy Director, Mohd Nasir Sungip. It is also not known what made Majid doubt the authenticity of his Malaysian IC although he claimed to have collected it from the NRD Papar.
Less than a year later, Majid applied for and was issued a Malaysian International Passport on June 20, 1995.
Majid married an Indian citizen in 1997.
She arrived on an Indian passport and has been staying in Sabah on a Visa under Section 11(10) of the Immigration Regulations 1963.
The couple have three children. The eldest, 11, was born in India and holds a Dependant Pass. The other two children, aged 10 and 7, were born in Sabah.
Anti illegal immigration activists in Sabah are watching the Majid case closely.
They recall that Indian restaurants in the state and their association had been in the news not so long ago for harbouring illegals and those with dubious Malaysian documents.
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Menggatal is in the outskirts of Kota Kinabalu but within the city limits.Majid, who holds a "valid" MyKad and has voted thrice so far in the general elections, has lodged an application with the High Court in Kota Kinabalu for a revision of his Detention Order.
He listed himself in the application as a tax payer, contributor to the EPF (Employers Provident Fund) and is listed in the latest (2009) revised electoral rolls.
He first registered as a voter in 1999, according to the application.
His counsel, P. J. Perira and Ram Singh, have filed for a Certificate of Urgency for the case to be expedited given their client's continued detention.
Majid was arrested at his 24-hour restaurant, Kedai Kopi Jamiyah in Inanam, in the outskirts of Kota Kinabalu, by Malaysian Immigration authorities.
Apparently, the arresting officers determined that he was in fact an Indian national and not a Malaysian as claimed.
It is not known whether he was held during a campaign by the Immigration Department, a routine inspection or whether they were acting on a tip-off.
The restaurant has been in operation since 1999 with a valid licence issued by City Hall.
Briefly, in filing for the revision, Majid wants the High Court to determine the "correctness, legality or propriety of the Immigration Department remand or continuing remand".
He claims that he's entitled to the MyKad that he's currently holding.
Further, he argues that if the authorities believe his MyKad was obtained fraudulently, or through misrepresentation, then they should refer the matter to the Home Affairs Ministry under Article 27 of the Federal Constitution for a Notice of Enquiry to be held.
The National Registration Department (NRD), he points out, did not charge him under Section 25 (1)(e) of the National Registration Regulations 1990 for an alleged offence i.e. having a fake MyKad, or if it was a genuine MyKad, being in its possession when he was not entitled to have one.
No charges preferred
The Immigration Department, which arrested him, did not charge with any offence either, continues Majid in his pleadings.
Instead, he alleged, the Immigration Department "forced" him to apply for an Indian passport after seizing his Malaysian International Passport which is still valid.
The authorities, he complains, had also failed to comply with Article 5(3) and (4) of the Federal Constitution and inform him or his family members officially of the grounds of his arrest.The Revision has also been served on the Immigration Sabah Director, Immigration Department Deputy Public Prosecutor, senior Federal Counsel, and the Home Affairs Ministry's Legal Advisor in Putra Jaya, the Federal Administrative Centre.
Records kept by Perira and Singh show that they wrote to the Home Affairs Ministry on July 27 on the detention of Majid.
Copies of the letter were extended to the NRD Director General, Immigration Director General, MACC (Malaysian Anti Corruption Commission) Chairman and the Suhakam (Malaysian Human Rights Commission) Chairman.
Only the NRD Director General replied, on July 29, saying that the matter would be referred to the NRD Sabah in Kota Kinabalu.
The lawyers wrote on Aug 7 to the Prime Minister to bring Majid's continued detention to his attention.
Copes of the letter were extended to the NRD Director General, the Immigration Director General, the MACC Chairman and the Attorney General.
Only the AG's Chambers responded on Aug 12 saying that they had forwarded the letter to the Home Affairs Legal Department.
Earlier, on Aug 6, the lawyers wrote to the Immigration Sabah Director requesting for documents in regard to Majid's continued detention.
Copies of the letter were extended to the Immigration Director General, the NRD Director General and the AG's Chambers. There was no reply.
On Aug 12, they wrote again to the Immigration Sabah Director with copies to the same parties.
Again, there was no reply.
Arrived 10 years ago
According to the facts of the case according to the lawyers, Majid arrived in Sabah from India in 1983 and worked as a restaurant helper in Papar along the west coast, an hour's drive south of Kota Kinabalu.
Ten years later, in 1993, he applied for a Malaysian identity card (IC) through the district NRD office under the IC Projek Pedalaman (Interior Division IC Project).
It was not immediately clear what personal documents he used to apply for the Malaysian IC.
He claimed that some 100 other Indians and Pakistanis applied for the same document (IC) together with him.
Majid claims that he obtained the IC through the NRD Papar
sometime in 1993/94 and issued by the NRD in Kota Kinabalu.It is not known whether the other 100 Indian and Pakistani applicants with him received Malaysian Identity Cards as well. Upon receipt of his Malaysian IC, Majid claims that he surrendered his Indian passport to the authorities. It is not known to which authority.
Majid claims that to satisfy himself that his Malaysian IC was genuine, he wrote to the NRD Sabah for verification of his document.
He claims receiving a letter from the NRD dated Nov 4, 1994, informing him that his Malaysian IC was genuine.
He also claims to be in possession of a letter from the NRD Sabah bearing the signature of the then Deputy Director, Mohd Nasir Sungip. It is also not known what made Majid doubt the authenticity of his Malaysian IC although he claimed to have collected it from the NRD Papar.
Less than a year later, Majid applied for and was issued a Malaysian International Passport on June 20, 1995.
Majid married an Indian citizen in 1997.
She arrived on an Indian passport and has been staying in Sabah on a Visa under Section 11(10) of the Immigration Regulations 1963.
The couple have three children. The eldest, 11, was born in India and holds a Dependant Pass. The other two children, aged 10 and 7, were born in Sabah.
Anti illegal immigration activists in Sabah are watching the Majid case closely.
They recall that Indian restaurants in the state and their association had been in the news not so long ago for harbouring illegals and those with dubious Malaysian documents.
Thanks to publication taboo, the incident has not been given enough weight by local media; but the news has been carried far and wide by international players such as CNN, BBC, The Associated Press, Reuters, The Wall Street Journal, New York Times, as well as their counterparts in Asia.
