Can Bengal deport all who crossed Bangladesh border in 1970s? Calcutta HC asks state govt

Calcutta high court questioned whether West Bengal can deport to Bangladesh all those who crossed the international border in the 1970s while hearing a detention plea.

The Calcutta high court on Thursday questioned whether the West Bengal government could deport to Bangladesh all those who crossed the international border in the 1970s, while hearing a petition challenging the detention of a man held since August 10 for deportation.

Calcutta HC asked whether West Bengal can deport people who crossed the Bangladesh border in the 1970s, while keeping a man’s deportation order in abeyance.

“How many persons crossed the border in the 70s? Is it possible to send them back whole hog? Visit the bordering districts. Is it possible?” observed a bench of Justice Saugata Bhattacharyya.

The court was hearing a petition concerning a man, Sahidul Sheikh, who was detained by the police at Raninagar in Murshidabad on August 10 during a special drive. The police interrogated him and accused him of being a Bangladeshi.

The Foreigners Registration Officer (FRO) issued an order on September 28 to deport him.

The court observed that prior to deportation, the petitioner has to be given a chance to respond to the affidavit filed by the local police who detained and interrogated him. The deportation order was issued while the case was still being heard by the Calcutta high court.

“Else it will appear to the court that by filing the petition the petitioner has expedited the case. If he is deported then nothing remains. The petition will become infructuous,” the bench observed.

The additional advocate general said that if documents such as PAN or Aadhaar were obtained using forged documents, that itself could constitute a ground for deportation.

“In the writ petition a case of illegal detention has been made out. It is submitted that this court doesn’t have determination to hear the matter. For the ends of justice, the deportation order shall be kept in abeyance till the next date of hearing by the appropriate court,” the court said.

The bench, however, didn’t make any observation against the detention order of the person.

“The court has kept the deportation order passed by the FRO on September 26. The matter will be heard in another bench dealing with such cases,” a lawyer, aware of the development, said.

The court kept his deportation order in abeyance until the next hearing in October.