KUALA LUMPUR, Aug 14 The High Court here today dismissed the Attorney-General Chambers application for a stay against the order to release an Iranian student wanted by the United States authorities.Justice Datuk Mohd Azman Husin ruled that there were no special circumstances adduced to warrant the Immigration Departments further detention of the son of a VIP Iranian.
Furthermore he held that Section 311 of the Criminal Procedure Code and Section 57 of the Courts of Judicature Act 1964, relied on by the AGs office to support the grant of stay, were not applicable in this case.
Mohd Azmans decision was read out by deputy registrar Nooraini Yusof in the open court.
In an immediate response, senior federal counsel Mohd Duzuki Mokhtar told reporters that he would seek instructions from the AGs office if they should appeal the decision and confirmed that Sajad Farhadi, 34, was still being detained at the Immigration Detention Centre in Putrajaya.
He also said the Federal Court had yet to set a date on the appeal by the Home Ministry and three others against the High Court decision on August 2 which had granted a writ of habeas corpus to free Sajad.
Meanwhile, Sajads counsel Datuk Seri Muhammad Shafee Abdullah said that Sajad was detained on a visa violation and his 14-day remand was expected to expire tomorrow.
We will wait for the next few days to see if he would be detained further, before we decide whether to bring contempt proceedings against the Immigration Department, said Shafee.
On November 11 last year, the Sessions Court had allowed an application by the Home Ministry to facilitate Sajads extradition to the US.
Sajad is wanted by the US authorities at the Northern District of California for more than 30 counts of violating the trade embargo against Iran, forgery and smuggling of goods.
In allowing the habeas corpus application on August 2, the High Court had ruled that the lower courts order and warrant of committal issued under Section 20 of the Extradition Act 1992, were not carried out with the applicable law and therefore Sajad was to be freed immediately.
ByThe Malay Mail Online
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