KOLKATA — The Calcutta High Court has ruled that state authorities have no legal authority to brand individuals as “Bangladeshis” and summarily deport them based on mere suspicion, emphasizing that citizenship cannot be determined without rigorous document verification and a fair hearing.
The observation was made by Justice Saugata Bhattacharyya during a hearing on a writ petition challenging the arbitrary detention and imminent deportation of a resident from West Bengal’s Murshidabad district, Indian daily The Telegraph reported on Friday.
Issuing an interim stay on the deportation order issued by the Foreigners Regional Registration Office (FRRO), Justice Bhattacharyya sharply questioned the administration’s handling of the case. The petitioner’s counsel, Rabiul Islam, submitted before the court that his client had been held in detention for over two months since August 8, purely on the basis of statements given by a few neighbours.
Expressing grave concern over procedural lapses, the court noted that authorities are legally bound to afford individuals a fair opportunity to substantiate their citizenship claims. In this instance, the judge observed, the detainee was denied even a basic hearing before deportation proceedings were initiated.
“How can an individual’s nationality be conclusively decided relying solely on the hearsay of a few neighbours?” Justice Bhattacharyya asked, questioning the justification behind keeping the man in custody for months without adherence to established legal frameworks.
Reflecting on the broader historical context of cross-border movement, the bench remarked: “Lakhs of people have crossed the border since the 1970s; is it feasible to send everyone back in this manner?” Justice Bhattacharyya cautioned that the state must thoroughly examine documents before arriving at an expulsion order, remanding the matter to the Chief Justice of the High Court for assignment to an appropriate bench.
Appearing for the state government, Additional Advocate General Rajdeep Majumder contended that the detainee might have procured Indian identification documents—including voter cards, Aadhaar, and PAN cards—through fraudulent means.
The court’s reprimand comes amid escalating political and legal debate over the arbitrary targeting of Bengali-speaking Muslim migrant workers in several states. Critics and rights groups have raised alarms over summary push-ins carried out through the Border Security Force (BSF) without trials or formal judicial decrees by designated Foreigners Tribunals. The ruling also follows controversy surrounding aggressive “detain, delete, and deport” policies and the confinement of suspects in holding centres.
Legal observers note that the High Court’s ruling reinforces vital constitutional safeguards, firmly establishing that administrative zeal cannot bypass due process, natural justice, and the rule of law.