Deportation of illegal Bangladesh immigrants: Calcutta High Court asks Centre, Bengal govt to file affidavit

Kolkata: The Calcutta High Court has directed the central government and the West Bengal government to file affidavits detailing the steps taken by them, in connection with the deportation of alleged illegal immigrants from Bangladesh, on the basis of a memo by the Home Ministry.

Noting that the place from which the detainees were pushed back had not been disclosed, the court directed the authorities to state the places from where the detainees were pushed back.

Hearing a habeas corpus petition alleging that some residents of West Bengal's Birbhum district, of a daily wage earner family working in Delhi, was pushed into Bangladesh on the grounds of being citizens of the neighbouring country, the court directed the Centre and West Bengal governments to file separate affidavits in opposition to the claims of the petitioner by September 19.

The bench, presided by Justice Tapabrata Chakraborty, directed the petitioner to file their affidavit in reply to such opposition by September 22. The matter will be heard again on September 23.

An affidavit-in-opposition was filed by the Centre on the issue of maintainability, claiming that the petition was not maintainable before the Calcutta High Court.

Additional Solicitor General Ashok Kumar Chakarborti, representing the Centre, stated before the court that a habeas corpus petition had earlier been moved before the Delhi High Court alleging illegal detention of the said person.

There was another petition challenging the deportation of the said persons before the Delhi High Court, Chakraborti said, stating that the Centre had filed an affidavit there, disclosing the order of deportation.

He claimed that the Calcutta High Court has no jurisdiction with regard to the matter since the person who was stated to have been deported was detained in Delhi.

Chakraborti submitted that the habeas corpus petition before the Calcutta High Court was filed suppressing the two petitions before the Delhi High Court.

It was claimed in a petition by one Bhodu Sheikh that one Sonali and her five-year-old son of Murarai in Birbhum, were detained in Delhi and deported to Bangladesh. Another petition by one Amir Khan made a similar claim, stating that his sister Sweety Bibi and her two children from the same area were sent to the neighbouring country.

Noting that the place from which the detainees were pushed back had not been disclosed by the Centre, the division bench, also comprising Justice Reetobroto Kumar Mitra, said that in the absence of such particulars, the issue of territorial jurisdiction cannot be prioritised and decided at this stage..

"The matter involves serious issues pertaining to life and liberty of persons, who are permanent residents of the State of West Bengal but had to travel to other states for earning a livelihood and for maintenance of their dependent family members," the bench observed in its order on Thursday.

The court noted that the central government, in its affidavit, stated that FRRO (Foreigner Regional Registration Office), Delhi being a civil authority, has been repatriating illegal migrants of Bangladesh as per an instruction dated May 2, 2025, issued by the Ministry of Home Affairs in a memo.

Detailing the protocols to be followed for deportation, the said memo states that in respect of Bangladesh/Myanmar nationals identified to be staying unauthorisedly in any particular state or union territory, an inquiry will be conducted by the state government or union territory concerned, following which the process of deportation would be taken up.