The Court of Appeal has upheld the High Court’s decision to award an Indian national RM225,000 in damages for his unlawful detention, and an investigating officer’s misfeasance in public office during the Covid-19 lockdowns in 2020.
Justice Lim Chong Fong said the appeal filed by investigating officer A Jeinthan and the government had no merit as the trial judge did not err in law and facts.
Two years ago, Justice Azizul Azmi Adnan ordered the defendants to pay A Ananthagopi RM180,000 in general damages for 12 days (Oct 10 to Oct 22) and another RM45,000 in exemplary damages for his wrongful detention.
Lim, who delivered the three-member bench’s oral grounds, said a raid conducted on Ananthagopi’s place of residence was for misappropriation or theft of a temple deity statue, not for overstaying.
“However, Ananthagopi was thereafter never investigated nor charged for misappropriation or theft.
“We concur with the High Court judge that the investigation officer’s justification to arrest and detain Ananthagopi for an offence under the Immigration Act seems contrived in afterthought,” he said.
Justice Supang Lian chaired the Court of Appeal bench while the other member was Justice Alwi Abdul Wahab.
Lim said Jeinthan also did not give cogent evidence as to why he was unable to inform Ananthagopi of the reasons for his arrest.
He said the investigating officer only later found that Ananthagopi’s passport and visa were genuine, though the visa had expired.
“We are also of the view that the 12 days taken to investigate Ananthagopi’s immigration status is prima facie unreasonable in this current age of electronic data and information storage and retrieval,” he said.
The judge said it was unacceptable that a man’s right to liberty under Article 5 of the Federal Constitution was denied during the investigation.
“As a result of the cavalier conduct of the investigating officer in the course of his employment, it follows that the government must be vicariously liable as his employer,” he said.
Lim said the exemplary damages were justified due to the wrongful, oppressive, arbitrary or unconstitutional action by the investigating officer, as an agent of the government.
The bench also awarded RM30,000 in costs to Ananthagopi, 42, who has since returned to India.
Ananthagopi, who was represented by S Karthigesan and AR Thamayanthy, had sought damages for illegal detention and misfeasance in public office.
In his statement of claim filed on Dec 28, 2020, Ananthagopi, who hails from Tiruchirappalli, said he entered the country on March 7, 2020, and was expecting to leave by March 23.
However, he was unable to return to India after the government announced a lockdown and restricted movements from March 18, 2020.
At the time, Putrajaya announced a moratorium until Dec 31, 2020, and pledged that no action would be taken against foreigners who overstayed.
Arrested by police on Oct 10 during an investigation into the alleged theft of a deity at a temple in Rantau, Ananthagopi was eventually charged in the Port Dickson magistrates’ court on Oct 22 for overstaying.
He claimed trial and was kept in the Sungai Udang prison in Melaka until Nov 10.
He was produced again before the magistrate on that date and secured an acquittal on account of the moratorium. He then filed the suit but left the country soon after.
