Source: The Indian Express
Calcutta High Court Bangladeshi National: The Calcutta High Court has questioned the long detention of a man who was arrested on suspicion of being a Bangladeshi national. The court also raised questions about whether people who crossed the India-Bangladesh border decades ago could simply be sent back without following proper legal procedures.
The matter came before Justice Saugata Bhattacharyya on Thursday. The case concerns Sahidul Islam, a resident of Raninagar in Murshidabad district, who has been in detention for nearly two months.
During the hearing, the judge questioned whether it would actually be possible to deport everyone who may have crossed the border during the 1970s.
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“Is it feasible to send back everyone who crossed the border in the 1970s? Visit the border districts and see if this is even possible. How can someone be detained without adhering to due legal process?”
Sahidul was arrested on August 13 after authorities suspected that he was a Bangladeshi national living illegally in India.
His family has challenged that claim. They said his name is present on the voter list and was also included during the Special Intensive Revision (SIR) exercise. According to the family, he also has documents that establish his identity.
Despite this, Sahidul was detained and sent to a detention camp. The Foreigners Registration Office later issued an order for his deportation on September 28. Sahidul challenged that order before the Calcutta High Court.
During the hearing, the court questioned the basis of his detention and the information used by authorities before ordering his deportation.
Additional Advocate General Rajdeep Majumdar told the court that Sahidul had allegedly obtained PAN or Aadhaar cards using forged documents. The government argued that this could provide a basis for taking action against him and considering his deportation.
The court, however, also examined the length of Sahidul’s detention and whether the proper legal process had been followed before the deportation order was issued. Justice Bhattacharyya also pointed out that the particular bench did not have jurisdiction to hear the case.
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As the matter could not be heard by the present bench, the September 28 deportation order has been stayed for the time being. The case has now been directed to Justice Krishna Rao’s bench. It is scheduled to come up on October 14.
The next hearing is expected to examine the legal issues surrounding Sahidul’s detention and the deportation order.
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