Calcutta High Court Orders Return of Illegally Deported West Bengal Residents from Bangladesh Within 4 Weeks

The Calcutta High Court has overturned the central government's decision to deport six West Bengal residents to Bangladesh, labeling the deportation "illegal" and ordering their return within four weeks.

The court firmly rejected the Centre's request for a temporary stay on this order, emphasizing the procedural violations that occurred during the deportation process.

The case involves Sonali Bibi, who is nine months pregnant, along with her husband Danesh Sheikh and their five-year-old son, as well as Sweety Bibi and her two children. All were residents of the Paikar area in Murarai, Birbhum district.

According to the petitions filed by family members, these individuals had been working as daily wage laborers in Delhi's Rohini area for over two decades before Delhi Police detained them on June 18, suspecting them of being Bangladeshi nationals. They were subsequently deported on June 27 and arrested by Bangladesh authorities upon arrival.

The division bench of Justices Tapabrata Chakraborty and Reetobroto Kumar Mitra reviewed habeas corpus petitions filed by relatives of the deportees. The petitioners claimed that despite providing substantial documentation—including PAN cards, Aadhaar cards, property deeds, voter cards of parents and grandparents, and birth certificates of children born in Indian hospitals—the authorities proceeded with the deportation.

The Centre argued that the petition should not be entertained by the Calcutta High Court, claiming lack of jurisdiction since the detentions occurred in Delhi. Additional Solicitor General Ashok Kumar Chakarborti further contended that similar petitions had already been filed in the Delhi High Court.

However, the Calcutta High Court observed that the deportation was conducted with "hot haste" and violated protocols outlined in a Union Home Ministry memo dated May 2, 2025. This memo specifies that deportation of unauthorized immigrants requires an inquiry by the concerned state government before proceeding.

The court's order highlighted several inconsistencies in the Centre's claims. For instance, authorities alleged Sonali had illegally entered India in 1998, yet her Aadhaar and PAN cards indicate she was born in 2000, making such entry impossible.

The bench specifically criticized Delhi Police for failing to share details with the West Bengal government as mandated, noting this "cripples the constitutional grant of fairness and reasonableness."

Even assuming the deportees were not Indian citizens, the court emphasized that established procedures should have been followed. The judgment warned against "indiscriminate use of power" by authorities, stating officials cannot "exercise their public authority in an arbitrary whimsical manner."

Following the verdict, Trinamool Congress MP Samirul Islam accused the BJP of pushing an "anti-Bengali agenda" through false claims. TMC national general secretary Abhishek Banerjee suggested the court order would influence voters in upcoming state elections regarding what he described as "Bengali harassment."