The Calcutta High Court has questioned whether everyone who crossed the India-Bangladesh border during the 1970s could be deported, while raising concerns over the nearly two-month detention of a man suspected of being a Bangladeshi national without due process.
Hearing a petition challenging the detention and deportation of Shahidul Sheikh, Justice Saugata Bhattacharyya on Thursday questioned the West Bengal government’s grounds for treating him as a Bangladeshi national and keeping him in custody.
The court stayed his deportation pending further judicial consideration, though it did not order his release from detention.
During the hearing, the judge asked how many people had crossed the border into India during the 1970s and whether it would be practically possible to send all of them back to Bangladesh.
The court stressed that authorities must follow due legal procedures before detaining or deporting anyone on grounds of nationality.
Police from Raninagar Police Station in Murshidabad detained Shahidul on 8 August on suspicion of being a Bangladeshi national.
His detention was confirmed on 10 August, and he was transferred to a holding centre in North 24 Parganas.
After nearly two months in custody, the legality of his detention and proposed deportation came under judicial scrutiny.
Additional Advocate General Rajdeep Majumdar, representing the West Bengal government, defended the administration’s position.
Justice Bhattacharyya questioned how the authorities could conclude that Shahidul was a Bangladeshi national when he possessed Indian identification documents, including Aadhaar and PAN cards.
The judge also questioned whether statements from people identified as his relatives could conclusively establish his nationality.
The court asked whether a man could be declared Bangladeshi merely because he could not establish his relationship with his deceased father through statements from family members.
It raised further concerns over the grounds on which the deportation order had been issued.
The judge observed that authorities should examine relevant documents and give the person concerned an opportunity to explain his position before proceeding with deportation.
During the hearing, Rajdeep argued that documents such as Aadhaar and PAN cards, if obtained using forged supporting papers, could themselves provide grounds for deportation.
He maintained that authorities had acted on information raising doubts about Shahidul’s nationality.
The court, however, questioned whether suspicion and statements from certain family members were sufficient to justify treating someone as a foreign national without proper verification.
Justice Bhattacharyya directed that the writ petition be placed before the bench having jurisdiction to hear the matter.
The court ordered that the deportation order remain in abeyance until the next hearing.
Sheikh remains in detention.
The matter is scheduled to be heard by the appropriate bench on 14 October.
The proceedings have brought renewed attention to the legal safeguards governing the identification, detention, and deportation of people suspected of being Bangladeshi nationals in West Bengal.
