The Calcutta High Court on Friday issued a series of directions to the Delhi and Odisha governments in response to two separate sets of habeas corpus petitions alleging the illegal detention of migrant workers from West Bengal in the respective states.
In the case concerning Delhi, a division bench comprising Justices Tapabrata Chakraborty and Reetobroto Kumar Mitra took up petitions filed by relatives of six individuals—Sweety Bibi, Kurban Sheikh, their minor son, Sunali Khatun, Danish, and his minor grandson—who are allegedly being held without lawful authority in the national capital.
The petitioners alleged that Bengali-speaking individuals are being detained in Delhi on suspicion of being Bangladeshi nationals, without verification of their citizenship or proper identification procedures. “In view of the nature of allegations made, prima facie, we are of the opinion that the writ petition is maintainable and this court cannot be a silent spectator,” the bench observed.
The court directed the Delhi government to place on record the status of the individuals—whether they are officially detained or missing. It also sought clarity on whether any court order or police investigation forms the basis of their detention, and if due legal process, including informing them of the grounds of arrest, had been followed.
Further, the bench instructed the West Bengal chief secretary to coordinate with his counterpart in Delhi to ensure compliance with the court’s directives. The matter will be taken up again on July 16.
Separately, the high court on Thursday passed a similar order against the Odisha government, asking it to clarify the status of two other migrant workers—Sainur Islam and Rakibul Islam—who were allegedly detained in Jagatsinghpur district. Two habeas corpus petitions were filed seeking their immediate release. That case is scheduled for hearing on July 14.
In both matters, the court emphasized the importance of protecting the constitutional rights of individuals and held that prima facie evidence of unlawful detention warrants judicial scrutiny.
The West Bengal government informed the court that it is actively seeking instructions and responses from the respective states to comply with the court’s directives.
