Forced deportation of Indians to Bangladesh ‘illegal’: Kolkata HC
In a landmark ruling with far-reaching implications for India’s treatment of suspected foreign nationals, the Calcutta High Court has declared the detention and forced deportation of six Indian citizens, including a pregnant woman, to Bangladesh as “illegal and unconstitutional.” A division bench comprising Justices Tapobrata Chakraborty and Ritabrata Mitra directed the Union Government to repatriate all six individuals from Bangladesh within four weeks. The court’s order follows two separate writ petitions filed by the families of those wrongfully expelled, highlighting systemic failures in identity verification and due process.
Among those deported was Sonali Khatun, a 26-year-old woman from Paikar in West Bengal’s Birbhum district, who is now approximately eight months pregnant and detained in Chapainawabganj District Jail in Bangladesh. She was deported along with her husband, Danesh Sheikh, their young son, and three members of another family from Murarai, Birbhum—Sweety Bibi and her two sons, aged 16 and six.
All six were arrested by Delhi Police on June 24, 2024 on suspicion of being “illegal Bangladeshi immigrants.” Within just two days – on June 26 – they were handed over to Bangladeshi authorities under orders from Delhi’s Foreigners Regional Registration Office (FRRO), despite possessing valid Indian identity documents.
The court strongly criticised the haste and lack of due diligence in the deportation process. It noted that the West Bengal Police had verified the families’ Indian citizenship and submitted documentary proof—including Aadhaar cards, PAN cards, land records dating back to the 1950s and 1960s, and ancestral residency evidence to Delhi Police on July 10, well within the 30-day verification window mandated by the Union Home Ministry’s guidelines issued on May 2.
Crucially, the judges pointed out a glaring contradiction in the authorities’ claim: Sonali Khatun’s official documents list her age as 26, meaning she was born in 2000 making it impossible for her to have “entered India illegally in 1998,” as alleged.
“The Foreigners Act places the burden of proof on the individual to establish citizenship,” the judgment stated, “but it does not permit authorities to arbitrarily designate any person as foreign without credible evidence or reasonable suspicion. The state cannot knock on a citizen’s door and declare them an alien on mere conjecture.”
The court further condemned what it described as the “excessive enthusiasm” of Delhi Police, which pressured local officers in Birbhum to obtain statements supporting the deportation before verification was complete.
Human rights advocates and migrant worker organisations have hailed the verdict as a “milestone” in challenging the widespread practice of “push-ins” the summary expulsion of individuals across the India-Bangladesh border without legal recourse. Over the past four months, similar incidents have surged, particularly targeting Bengali-speaking migrant workers from West Bengal working in other Indian states.
Samirul Islam, Chairman of the West Bengal Migrant Workers Development Board and a Trinamool Congress MP, said the ruling sets a crucial precedent. “This is a victory for Indian citizens who have been harassed, detained, and expelled simply for speaking Bengali. The Delhi Police acted without verifying documents that clearly established their nationality. We stood by these families from the beginning, as directed by Chief Minister Mamata Banerjee, and prevented a grave injustice.”
Asif Farooq, State General Secretary of the West Bengal Migrant Workers’ Unity Forum, added: “This judgment will ease the fear among millions of migrant workers from border districts. The High Court has unequivocally stated that no Indian citizen can be illegally pushed into Bangladesh. The responsibility of state police and immigration officials has now been reinforced by law.”
Meanwhile, Bangladeshi authorities have confirmed Sonali Khatun’s pregnancy and stated that she is receiving medical care in Chapainawabganj Jail. Jailor Mohammad Zakir Hossain told BBC Bangla that while the facility lacks a full hospital, prison doctors are monitoring her condition and will arrange external treatment if needed.
The Calcutta High Court’s verdict is expected to prompt a review of deportation protocols nationwide and may lead to accountability measures for officials involved in similar cases. With at least 15 other wrongful push-backs reported in recent months—none of which have resulted in legal action— activists are urging the central government to implement safeguards to protect the rights of Indian citizens, particularly those from marginalised and linguistically distinct communities. Source: BBC
