The Calcutta High Court ruled on Friday against the deportation of a West Bengal woman, her husband, and their minor child to Bangladesh, noting that authorities acted with undue haste and contravened constitutional protections.
A division bench consisting of Justices Reetobroto Kumar Mitra and Tapabrata Chakraborty ordered the Union government to ensure the return of Sunali Khatun, who is eight months pregnant, along with her husband, Danish Sekh, and their son within four weeks. The court directed cooperation with the Indian High Commission in Dhaka for the repatriation.
Another family from a nearby village, led by Sweety Bibi, faced similar challenges as they were detained in Delhi and deported alongside Sunali’s family. However, the court’s order does not address their return.
The case was initiated by Sunali’s father, Bhodu Sekh, who claimed that his daughter and her family, all Indian citizens born and permanently residing in Birbhum district, were detained during an “identity verification drive” in Delhi on June 24 and deported within two days without proper legal procedures.
The six deportees, including three children, were apprehended by Delhi Police during a crackdown on undocumented migrants. Since May, multiple states governed by the BJP have conducted operations targeting Bengali workers, detaining numerous individuals for alleged documentation issues.
Government lawyers contended that Sunali and Danish admitted to being Bangladeshi nationals and lacked valid citizenship documentation, thereby legitimizing their deportation under the Foreigners Act of 1946. They also noted that the family had previously filed a petition against the deportation in the Delhi High Court but later withdrew it.
The Calcutta High Court, however, dismissed these arguments, emphasizing that the Foreigners Regional Registration Office (FRRO) in Delhi neglected to follow the Ministry of Home Affairs’ May 2 directive, which necessitated a 30-day verification process with the detainees’ home state prior to deportation.
In its ruling, the bench criticized the respondents for their “hot haste,” which they determined undermined the constitutional rights of fairness and reasonableness. The judges pointed out discrepancies in official records, such as claims that Sunali entered India in 1998 despite her Aadhaar and PAN cards indicating a birth year of 2000. Importantly, the court noted that no security threat against the family had been cited. It deemed the deportation a violation of Articles 14 and 21 of the Constitution, asserting that even if the detainees were not citizens, the principles of non-refoulement and due process should be upheld.
The court also rejected the Union government’s request to stay the order.
Data from the Calcutta Research Group and Know Your Neighbour indicates that at least 30 individuals from West Bengal have been arbitrarily expelled to Bangladesh, many of whom were later brought back after state government intervention and document verification.
Rights organizations have criticized this campaign, alleging that authorities are ignoring due process and harassing Bengali-speaking Indian citizens.
Samirul Islam, a member of the Rajya Sabha and chairman of the West Bengal Migrant Workers’ Welfare Board, stated, “Today the Calcutta High Court tore apart the BJP’s sham — their attempt to brand pregnant Birbhum resident Sunali Khatun and five others (including children) as ‘Bangladeshi nationals’ was exposed as a lie. The bench found their claim completely false and declared the FRRO Delhi’s detention/deportation order illegal, ordering that the family be brought back to India within four weeks.”
He added, “I will never forget how BJP stooges launched vile, personal attacks on me and my family when I stood with these families — true sons and daughters of Birbhum. This is not just my victory; it is Bengal’s victory — a rebuke to the BJP’s anti-Bengali, anti-poor policy.”
The post regarding the Calcutta High Court’s order to repatriate the two Bengali families wrongly expelled to Bangladesh originally appeared on Maktoob media.
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