11 hrs ago
Calcutta High Court Questions Deportation Based Solely on Suspicion
A court in Calcutta is hearing a case about a man held because officials suspect he is from Bangladesh.
His lawyer says the suspicion came from things neighbours said.
The judge said suspicion alone is not enough to decide someone’s nationality or deport them.
He said people should have a fair chance to show documents proving they are citizens.
The state’s lawyer suggested the man’s identity papers might have been obtained using forged documents.
The deportation order is paused for now.
The judge sent the case to the chief justice to be assigned to another bench.
The court has not yet made a final decision about the man’s citizenship.
Justice Saugata Bhattacharyya said a person cannot be labelled Bangladeshi and deported solely on suspicion.
The case challenges the detention of a Murshidabad man and a deportation order covering him and his wife.
The man’s lawyer said he had been detained since August 8 based on neighbours’ statements.
The judge questioned whether authorities had given the man a fair chance to prove his citizenship and followed due process.
The deportation order has been kept in abeyance, and the matter was sent to the chief justice for assignment to a proper bench.
- Who
- Justice Saugata Bhattacharyya, hearing a petition brought by the wife of a detained Murshidabad man.
- What
- The court questioned the detention and proposed deportation of the man, saying suspicion alone is insufficient to establish nationality.
- Where
- Calcutta High Court, West Bengal, India.
- When
- The hearing took place on Thursday; the man’s lawyer said he had been detained since August 8.
- Why
- The petition challenges the detention and the Foreigners Regional Registration Office’s deportation order, arguing that the man was held on suspicion based on neighbours’ statements.
Due process and citizenship proof
State’s concerns about documents
Basis for detention and deportation
Due process and citizenship proof
The judge said assertions by neighbours and suspicion alone cannot conclusively establish nationality; authorities should follow due process and give the man a chance to prove citizenship.
State’s concerns about documents
The state’s additional advocate-general suggested the detainee may have obtained voter, Aadhaar and PAN cards using forged papers.
Key facts
- Judge
- Justice Saugata Bhattacharyya
- Detainee
- A man from Murshidabad
- Detention date stated by lawyer
- August 8
- Petitioner
- The detainee’s wife, who has not been detained
- Order status
- The deportation order has been kept in abeyance
- Next step
- The matter was sent to the chief justice for assignment to a proper bench
Quotes
Justice Saugata Bhattacharyya
Calcutta High Court judge hearing the petition
“So, the government should properly check the documents before deciding to deport any person. Based on statements from some people, one cannot conclude that the person concerned is an infiltrator”
telegraphindia.com
“It seems that the authorities concerned have not given a chance to the petitioner (detainee)”
telegraphindia.com
Rabiul Islam
Lawyer for the detained Murshidabad man
“My client has been under detention for over two months. The basis of his detention was suspicion generated from the statements of a few neighbours”
telegraphindia.com
Sources
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