The Calcutta High Court on Friday set aside the Union government’s decision to deport two women and their families from West Bengal’s Birbhum district to Bangladesh, calling the move unlawful. The court has directed the Centre to bring the six deported individuals back to India within a month.
A division bench presided over by Justice Tapabrata Chakraborty also rejected the Centre’s request for a temporary stay on the order. The case arose from habeas corpus petitions filed by Bhodu Sheikh and Amir Khan, residents of Murarai in Birbhum, who alleged that their sisters — Sonali Bibi and Sweety Bibi — along with their families, were wrongfully pushed across the border in June.
According to the petitions, both families had been living in Delhi’s Rohini Sector 26 area for more than two decades, working as daily wage earners. On June 18, the Delhi Police detained them on suspicion of being illegal Bangladeshi immigrants. Despite submitting documents including land ownership records, voter ID cards of their parents and grandparents, and birth certificates of their children from state-run hospitals, the families were allegedly deported on June 27. They were later detained by Bangladeshi police.
Sonali, who is nine months pregnant, was deported along with her husband and young son. Her family expressed fears about the citizenship status of her unborn child if she were forced to give birth in Bangladesh.
In its affidavit, the Centre contended that the Calcutta High Court had no jurisdiction, as the individuals were detained in Delhi, and pointed out that related petitions were already pending before the Delhi High Court. Additional Solicitor General Ashok Kumar Chakarborti argued that the habeas corpus petition before the Calcutta High Court suppressed this fact.
The government also cited a May 2, 2025, Ministry of Home Affairs directive authorising the Foreigners Regional Registration Office (FRRO), Delhi, to repatriate Bangladeshi and Myanmar nationals identified as unauthorised residents. However, the bench noted that the deportations did not follow the prescribed protocols, which require state-level inquiries before repatriation.
The verdict triggered sharp political responses in West Bengal. Trinamool Congress MP Samirul Islam welcomed the judgment, calling it a “rebuke” to what he termed the BJP’s “anti-Bengali agenda.” Writing on X, he said:
“Today the Calcutta High Court tore apart the BJP’s sham — their attempt to brand pregnant Birbhum resident Sonali Khatun and five others (including children) as ‘Bangladeshi nationals’ was exposed as a lie. This is not just my victory; it is Bengal’s victory.”
Islam added that under Chief Minister Mamata Banerjee’s leadership, the party would continue to resist what he described as anti-poor and divisive policies.
The Centre has been asked to comply with the High Court’s directive within one month and ensure the safe return of the families. The order marks a significant development in the debate over deportations and alleged misidentification of Indian citizens as foreign nationals.
