The Calcutta High Court on Wednesday directed the Odisha government to file a detailed affidavit responding to allegations that two Bengali-speaking migrant workers from West Bengal were illegally detained in Odisha. The directive was issued in connection with habeas corpus petitions filed on behalf of the workers, Sainur Islam and Rakibul Islam, who have since returned to their residences.
A division bench headed by Justice Tapabrata Chakraborty asked the Odisha government to file its affidavit in opposition by August 20, with the petitioners instructed to respond by August 27. The matter is scheduled for further hearing on August 29.
The petitions, which accuse Odisha authorities of unlawful detention, also demand compensation for the two men. Representing the petitioners, their lawyer argued that the detention was arbitrary and a violation of constitutional rights.
However, Odisha Advocate General Pitambar Acharya, appearing via virtual mode, strongly denied the allegation of illegal detention. He maintained that there was no arrest, only a lawful verification of documents as per provisions under the Foreigners Act, which authorizes civil authorities to act in cases involving suspected citizenship issues.
Acharya dismissed the petitions as “frivolous” and stated that a status report had already been submitted to the court. He emphasized that the matter should not be framed as a conflict between states or communities.
“This is not an Odisha versus West Bengal issue, nor is it about Odia versus Bengali. This is a matter concerning the entire nation,” Acharya said. He added, “Bengalis are our neighbours, brothers, and sisters. Most Odia people are very fond of Bengalis. The Chief Justice of the Odisha High Court is himself a Bengali.”
Senior advocate Kalyan Banerjee, appearing for the West Bengal government, countered that the process of verifying citizenship must be reasonable and fair. He alleged that several Bengali-speaking individuals have faced similar detentions in Odisha, raising concerns about targeted action against migrant workers from West Bengal.
“This is not a simple habeas corpus petition. The alleged targeting of Bengali-speaking migrant workers in some states is fast becoming a national issue,” Banerjee told the court.
On July 10, the bench had asked the Odisha government to clarify whether the two men had been detained or were missing, and to provide details of any court orders or correspondence between the two state governments regarding the matter.
