The Calcutta High Court on Wednesday directed the Union government to place all relevant records before it concerning ongoing litigation before the Delhi High Court on the deportation of certain individuals allegedly found to be residing illegally in the national capital. The direction was issued by a division bench led by Justice Tapabrata Chakraborty while hearing two habeas corpus petitions alleging unlawful detention of people from West Bengal.
During the proceedings, the court also made a notable verbal observation. After the West Bengal government’s counsel flagged concerns that Bengali-speaking individuals were being questioned about their nationality at various locations across India, the bench asked the central government’s counsel to “ascertain” whether there was any merit to such claims. However, no formal order was issued in this regard.
Appearing for the Centre, Additional Solicitor General Asok Kumar Chakrabarti informed the court that the same individuals had previously approached the Delhi High Court through a habeas corpus plea. That petition was withdrawn after the Delhi High Court was informed that the persons had been deported by the Foreigners Regional Registration Officer (FRRO). A fresh petition was subsequently filed in Delhi challenging the FRRO’s deportation orders.
Chakrabarti submitted that the petitioners had failed to disclose these proceedings to the Calcutta High Court and had instead filed the current petitions, which he urged the court to dismiss on grounds of suppression of facts.
Expressing displeasure over the alleged non-disclosure, the Calcutta High Court directed the Centre to file a detailed affidavit, including all related records and documents, by July 28. The petitioners were granted time to submit their reply by August 4, and the matter is now scheduled for further hearing on August 6.
A habeas corpus petition is a constitutional remedy used to challenge unlawful detention and compel authorities to produce the detained person before the court.
