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Kolkata HC order on push-ins carries far-reaching implications

Kolkata HC order on push-ins carries far-reaching implications
A family of five left stranded at the Khagrachori border recently when they were pushed into Bangladesh by the Indian Border Security Force (BSF). Photo: UNB
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The Kolkata High Court’s directive to bring back six Indian nationals—pushed into Bangladesh a few months ago—within four weeks is seen as a significant development with implications for both India’s domestic politics and Dhaka–New Delhi relations.

This is believed to be the first time an Indian High Court has issued a ruling on such a politically sensitive matter, directly exposing activities the Indian government has long neither admitted nor denied.

By ordering the return of the people, the court has made clear that the central government, led by the Bharatiya Janata Party (BJP), was responsible for pushing its own citizens into Bangladesh under questionable pretexts.

A senior Bangladeshi mission official in India confirmed the verdict.

The verdict

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A division bench of Justices Tapabrata Chakraborty and Ritabrata Kumar Mitra issued the order on Friday, directing the return of six Indians from two families within four weeks. The bench also rejected a plea from the central government seeking to stay the order.

“We have ordered the persons to be returned to India. We have said what steps have to be taken to return them. Four weeks’ time is given,” the judgment stated, according to The Indian Express.

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The order further noted: “The question of citizenship should be considered based on further documents and evidence before an appropriate court. The process and procedure adopted in the deportation raise suspicion that the authorities concerned, acting in hot haste, clearly violated the provisions of the memo dated 2 May 2025.”

Push-ins exposed

In official discussions, India has never acknowledged pushing its own citizens into Bangladesh. The High Court verdict, however, exposes that such practices have taken place and may open the door for more cases to be filed in the future by others forced across the border.

A former Bangladeshi diplomat said the ruling could serve as leverage for Dhaka: “This is a good opportunity for Bangladesh. The government can refer to the High Court verdict in talks with India. The issue is also highly sensitive for Bangladesh.”

He added that the ruling might deter New Delhi from continuing push-ins, as such actions are now more likely to be challenged in court.

Impact on Indian politics

The ruling has also stirred debate in India’s domestic politics. Trinamool Congress (TMC) lawmaker Samirul Islam welcomed the judgment in a Facebook post and criticised the BJP government for its “anti-Bangla stance.”

With West Bengal state (Bidhan Shobha) elections scheduled next year, analysts believe the TMC could use the issue to its advantage.

Another former Bangladeshi diplomat familiar with Indian politics observed: “The TMC’s selling point would be that the BJP government in Delhi is anti-Bangla, since those pushed-in were Bengali-speaking people. This could work in TMC’s favour in West Bengal.”

He suggested that if the issue gains traction during the campaign, the BJP may find itself cornered in a key electoral battleground.

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