Calcutta HC questions detention of Muslim man suspected as Bangladeshi
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Kolkata: The Calcutta High Court on Thursday questioned the prolonged detention of a Muslim man suspected of being a Bangladeshi national, stressing that authorities cannot keep a person in custody without following the prescribed legal process.
Justice Saugata Bhattacharyya was hearing the case, in which the West Bengal government was represented by Additional Advocate General Rajdeep Majumdar. The court questioned whether authorities could seek to deport people who had crossed the India-Bangladesh border decades ago without individually establishing their nationality through due process.
The judge also sought an explanation for the man’s detention, which had continued for nearly two months since August 8. The court questioned the basis of a deportation order issued against him and noted that it appeared to have relied, at least in part, on statements from family members.
The court questioned whether statements by relatives could, by themselves, establish that a person was a Bangladeshi national. It stressed that authorities should examine relevant material and evidence before ordering deportation.
During the hearing, the state government submitted that documents such as Aadhaar or PAN cards obtained through forged records could provide grounds for deportation. The court, however, also took note of the circumstances in which the deportation order was issued.
It was informed that the Foreigners Regional Registration Officer (FRRO) had passed the order while proceedings concerning the man were still pending before the High Court. The order was also issued after the court had already passed an earlier direction in the matter.
The AAG sought a direction for the petitioner to approach the FRRO. The court declined, pointing out that the man had been detained by the police and that the detention memo had been issued by the police authorities.
The writ petition was subsequently released and directed to be placed before the Bench handling matters related to the Special Intensive Revision (SIR). The case is scheduled to come before Justice Krishna Rao on October 14.
The development comes amid allegations concerning the detention and deportation of Bengali-speaking Muslims suspected of being Bangladeshi nationals without adequate nationality verification or due process.
In recent weeks, the Calcutta High Court has also questioned proceedings involving other Bengali-speaking Muslim men facing citizenship-related scrutiny and directed police authorities to explain the basis for prolonged detention in another suspected Bangladeshi case.
