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‘Can Bengal deport all who crossed Bangladesh border in 1970s?’: Calcutta HC asks state govt
The court was hearing a petition filed by Sahidul Sheikh, who was detained on August 10 in Murshidabad on suspicion of being a Bangladeshi national.
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Raising questions over the detention of a man since August 10 at a holding centre for deportation to Bangladesh, the Calcutta High Court on Thursday asked the West Bengal government how many people crossed the international border in the 1970s and whether it was practically possible to send all of them back to Bangladesh.
“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.
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Court questions basis of arrest for suspected Bangladeshi national
The court was hearing a petition filed by Sahidul Sheikh, who was detained on August 10 in Murshidabad during a special drive on suspicion of being a Bangladeshi national. On September 28, the Foreigners Registration Officer (FRO) issued an order directing his deportation.
The court also questioned the basis for identifying Sheikh as a Bangladeshi national and observed that he should be given an opportunity to respond to the affidavit filed by the local police before he is deported. The deportation order was issued while his petition was pending before the 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 submitted that if documents such as PAN or Aadhaar had been 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 stated. It did not make any observation against the detention order of the person. The matter will be likely heard again in October.
