The Calcutta High Court has directed the central and West Bengal governments to file affidavits detailing steps taken in connection with the deportation of alleged illegal immigrants from Bangladesh, pursuant to a Home Ministry memo.
A division bench of Justice Tapabrata Chakraborty and Justice Reetobroto Kumar Mitra issued the order while hearing a habeas corpus petition alleging that residents of West Bengal’s Birbhum district were pushed into Bangladesh after being detained in Delhi. The court noted that the specific places from where the detainees were “pushed back” had not been disclosed by the authorities and directed them to clarify this in their affidavits.
The petition, filed by Bhodu Sheikh, alleged that Sonali and her five-year-old son from Murarai in Birbhum were detained in Delhi and deported across the border. Another petitioner, Amir Khan, claimed that his sister Sweety Bibi and her two children were similarly deported.
The petitioners contended that they were permanent residents of West Bengal and had travelled to Delhi for work. They alleged that their deportation was arbitrary and amounted to a violation of their fundamental rights.
Additional Solicitor General Ashok Kumar Chakarborti, representing the Centre, argued that the Calcutta High Court lacked territorial jurisdiction as the alleged detention occurred in Delhi. He informed the bench that petitions on the matter had already been filed before the Delhi High Court, including one challenging the deportation order.
The Centre maintained that the present plea suppressed the pendency of these proceedings before the Delhi High Court.
The bench observed that the matter raised “serious issues pertaining to life and liberty” of individuals who are permanent residents of West Bengal but had migrated elsewhere for livelihood. It held that in the absence of disclosure regarding the exact place of deportation, the question of jurisdiction could not be conclusively determined at this stage.
The court also took note of the Centre’s affidavit stating that the Foreigner Regional Registration Office (FRRO), Delhi, has been repatriating Bangladeshi nationals identified as illegal migrants in accordance with a May 2, 2025, Home Ministry memo. The memo outlines that state governments and union territories must conduct inquiries before initiating deportation proceedings.
The Centre and the West Bengal government have been directed to file their affidavits in opposition to the petitioners’ claims by September 19, while the petitioners must file their replies by September 22. The matter has been listed for further hearing on September 23.
