Cal HC asks Delhi govt to state if it detained Bengali families

The court sought a report from the Delhi government on the alleged detention of six people – two of them minors – from two families from West Bengal

The Calcutta High Court on Friday sought a report from the Delhi government on the alleged detention of six people – two of them minors – from two families from West Bengal in the national capital on charges of being illegal Bangladeshi immigrants, lawyers who were present in court said.

Calcutta high court. (HT Archive)

The petitioners in both cases alleged that both the families were detained “solely because they speak Bengali” – an allegation that has been raised recently by West Bengal’s ruling Trinamool Congress (TMC) and the state’s chief minister Mamata Banerjee. The counsels for the families alleged before the court that some of them had been deported to Bangladesh.

A division bench of justices Tapabrata Chakraborty and Reetobroto Kumar Mitra passed two separate orders on the matter – the same bench had issued similar directions a day earlier in connection with the detention of Bengali migrant workers in Odisha.

One petitioner, Bhodu Sheikh from West Bengal’s Birbhum district, alleged that his daughter Sunali Khatun, her husband Danish Sheikh, and their minor son Sabir were “illegally detained beyond 24 hours without being produced before any court of law on the basis of suspicion that they are Bangaladeshi because they speak Bengali.”

Another petitioner, Amir Khan, said his relatives—Sweety Bibi, Kurban Sheikh, and their son Imam Dewan—were also detained in Delhi under similar circumstances.

In its order, a copy of which was seen by HT, the bench said: “This court has the power to issue writs including habeas corpus under Article 226 of the Constitution of India which allows it to address violations of fundamental rights, even if the detention occurred in another state.”

“In view of the nature of allegations made, prima facie, we are of the opinion that the writ petition is maintainable… This court cannot be a silent spectator,” the bench observed.

In both the orders, the court directed authorities to answer six questions: whether the individuals were detained or missing, whether the detention was backed by court orders, the grounds for such detention, whether the detainees were informed of those grounds, whether the arrests were part of any investigation, and whether any communication occurred between the Delhi and West Bengal governments.

Deputy solicitor general Dhiraj Trivedi appeared for the Centre. Lawyers for West Bengal told the court that the state had contacted both the Delhi government and the Centre.

The next hearing is scheduled for July 16.

Officials in the Delhi government did not respond to HT’s queries for a comment on the issue.

The court orders came a day after West Bengal CM Banerjee accused the BJP-led government of targeting Bengali-speaking residents in Delhi’s Jai Hind Colony, Vasant Kunj. In a post on X, Banerjee alleged that the water supply was cut off, electricity meters removed, and power disconnected as part of an intimidation campaign. “These residents, part of Delhi’s unorganised workforce, helped build the city. This harassment is unacceptable,” she wrote on Thursday.