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High Court judge Datuk Mohd Yazid Mustafa said the Immigration Department failed to present the Iranian national before a magistrate within 14 days of his arrest to obtain a remand order, stating that this was required under both the Federal Constitution and the Immigration Act.  — Picture by Yusof Mat Isa
High Court judge Datuk Mohd Yazid Mustafa said the Immigration Department failed to present the Iranian national before a magistrate within 14 days of his arrest to obtain a remand order, stating that this was required under both the Federal Constitution and the Immigration Act. — Picture by Yusof Mat Isa

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SHAH ALAM, Aug 24 — High Court judge Datuk Mohd Yazid Mustafa today ordered Iranian national Mohammadhossein Samadi to be released after finding he had been detained unlawfully and unconstitutionally.

In delivering his decision today on Mohammadhossein’s habeas corpus application, Datuk Mohd Yazid said the Immigration Department failed to present the Iranian national before a magistrate within 14 days of his arrest to obtain a remand order, stating that this was required under both the Federal Constitution and the Immigration Act. 

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.

He was then transferred to the Kuala Kubu Baru immigration prison on March 27 and arrested by the Immigration Department on the same day under Section 35 of the Immigration Act.

Mohammadhossein has spent 152 days in detention since his arrest on March 25.

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