Deportation of Bengali-Speaking Migrants: Calcutta HC asks Centre to tell ‘method and manner’ of sending Bengali migrants to Bangladesh

The High Court asked the Centre “to disclose the place” from where the detainees were pushed into Bangladesh. “Also, disclose the designated place from where the detainees were deported,” the court ordered.

On Centre’s contention that the Calcutta High Court lacks jurisdiction to hear the two habeas corpus petitions “since the matter was pending in the Supreme Court”, the Bench said it will be considered along with the main matter. “The maintainability point will be kept open,” the Bench said, scheduling the next hearing on September 23.

During the hearing, the petitioner’s counsel said no deportation order was issued in the case. “Delhi Police decided on their own that they were Bangladeshi citizens. The police wrote this in their note… Also, before deporting them, Delhi Police should have consulted the West Bengal government, which was not done,” Raghunath Chakraborty, appearing for the petitioners, told the court.

Stating that his clients are Indian citizens, Chakraborty informed the court that they are currently in jail in Bangladesh after being arrested for being illegal immigrants.

The petitioner’s counsel stated that, according to a 2025 notification, the State of the deportee’s permanent residence is required to submit a report to the State conducting the deportation within 30 days, along with all relevant documents.  “If no report is sent in time, the FRRO (Foreigners Regional Registration Office) can deport them,” Chakraborty told the court.

The West Bengal government, which is a party in the case and is backing the petitioners’ claim, told the High Court that before deporting the migrant workers, it was expected that some information should have been given to the state because they had documents showing that they are residents of Birbhum. “After verifying their residential documents, an email was sent to the Delhi police authorities, but there is no reply till date,” the state government’s counsel informed the court.

The Centre, however, maintained that the petitions were “malafide from the beginning”.

“They filed a writ challenging the deportation in the Delhi High Court, and then withdrew. But the Delhi High Court did not give any leave. The deportation order has not been challenged. They have accepted deportation to Bangladesh. No Aadhaar or voter card was provided to show that they are Indian citizens,” the Centre’s counsel told the High Court.

Sonali Bibi, her husband Danish, and their eight-year-old son were pushed into Bangladesh on June 26 after being detained by the Delhi Police. She is eight months pregnant. Last month, they were detained by Bangladesh police on charges of illegally entering the country and put in jail. Like Sunali, Sweety Bibi (32) and her two sons, aged 6 and 16 years, residents of Dhitora village in Birbhum, were also detained and pushed into Bangladesh at the same time. Both families were detained in Delhi’s K N Katju Marg police station and then deported.