Calcutta High Court Orders Repatriation: In a landmark judgment highlighting the judiciary’s intervention in safeguarding the rights of Indian citizens, the Calcutta High Court has directed the Centre to ensure the return of six West Bengal residents who were deported to Bangladesh three months ago. The court described the deportation as “illegal” and criticized the actions of Delhi police and the Foreigners Regional Registration Office (FRRO) for acting in haste without due consideration of constitutional safeguards. The court has mandated that the repatriation process be completed within four weeks.
Calcutta High Court Orders Repatriation: Background of the Deportation
The individuals involved in this case include Sunali Khatun, her husband Danish Sk, their eight-year-old son Sabir, and three others from Birbhum district. In June, the Delhi police detained them on suspicion of being illegal immigrants from Bangladesh. Despite holding valid Indian documentation, including voter identity cards, land deeds, and other proofs of residence, they were deported to Bangladesh on June 26, 2025.
Upon arrival in Bangladesh, the deported individuals were arrested and remain in custody at Chapai Nawabganj district. Sunali, who was nine months pregnant at the time of her deportation, faces significant health and safety concerns while incarcerated. Her six-year-old daughter, Afrina, who was visiting relatives in Birbhum during the deportation, is now in the care of her aunt in Delhi and reportedly suffers from trauma and disruption in education, as her name was removed from school rolls due to prolonged absence.
Legal Proceedings and Habeas Corpus Petition
The case came to the Calcutta High Court through a habeas corpus petition filed by Sunali’s father, Bhodu Sheikh. The petition challenged the deportation and detention of his family members, asserting that the action violated their fundamental rights under the Indian Constitution.
The court, comprising Justices Tapabrata Chakraborty and Reetobroto Kumar Mitra, noted that the Delhi police acted with “overenthusiasm” and in a “hot haste” manner. The FRRO’s decision to deport the family despite possession of valid Indian documents was criticized as arbitrary and lacking legal justification. The court specifically pointed out that the government cannot place the burden of proving nationality solely on the individuals, as such a practice undermines constitutional protections.
Official Reference: Ministry of Home Affairs – Citizenship and Immigration Guidelines
Humanitarian Implications
The deportation has triggered serious humanitarian concerns. Sunali, being nine months pregnant at the time of deportation, faces risks to both her and her unborn child’s health while in detention. Her daughter Afrina’s emotional well-being has been significantly impacted, with reports indicating trauma and social disorientation. Families of the deported individuals have expressed anxiety over their loved ones’ safety and are urging immediate repatriation.
The West Bengal government has expressed support for the affected families. Measures are being considered to provide immediate rehabilitation and welfare assistance once the deported individuals return. State officials have assured close monitoring of the repatriation process to avoid further delays or bureaucratic obstacles.
Official Reference: Government of West Bengal – Social Welfare Department
Political Reactions
The deportation has generated widespread political controversy. Leaders across parties have raised concerns regarding the legality and ethical dimensions of the deportation. Trinamool Congress MP Samirul Islam, after visiting the families in Birbhum, condemned the deportation as unlawful and urged the Centre to adhere to constitutional obligations.
Political observers note that this case underscores the sensitivity required in handling cross-border migration and citizenship verification issues, especially for vulnerable communities.
Citizenship Verification and Policy Implications
This incident has highlighted critical gaps in India’s citizenship verification processes. Experts argue that the deportation of individuals holding valid Indian documents indicates potential flaws in identification and verification protocols. The judiciary’s intervention emphasizes that nationality determinations must be evidence-based, transparent, and compliant with due process.
Official Reference: Press Information Bureau – Ministry of Home Affairs
Court’s Directives
The Calcutta High Court has issued the following directives:
- The Centre must ensure the immediate repatriation of the six deported individuals from Bangladesh within four weeks.
- All administrative authorities involved in the deportation are to coordinate to prevent undue delays and provide necessary logistical support.
- The legal and humanitarian rights of the deportees must be respected during the repatriation process.
The court further clarified that failure to comply with these directives would amount to contempt of court, underlining the seriousness of the matter.
International and Diplomatic Dimensions
The deportation has also attracted attention in diplomatic circles, given the cross-border implications with Bangladesh. Legal experts stress that bilateral cooperation is essential to ensure safe and timely repatriation while respecting both nations’ laws. Bangladesh authorities have reportedly scheduled hearings for bail pleas on October 6, which will determine the immediate release of the deported individuals pending repatriation.
External Reference: Ministry of External Affairs, India – Diplomatic Relations
Personal Stories and Public Sentiment
Sunali Khatun’s family story has touched public sentiment across West Bengal and beyond. Her father, Bhodu Sheikh, expressed anguish over the separation from his daughter and grandchildren, describing the deportation as “an unimaginable hardship for a family already burdened with vulnerability and poverty.”
Human rights organizations have condemned the deportation as a violation of human dignity and rights, calling for stricter safeguards to prevent similar incidents in the future.
Moving Forward
As the four-week deadline set by the Calcutta High Court approaches, attention is focused on the Centre’s response and the coordination between Indian and Bangladeshi authorities to ensure the safe return of the deported residents. This case is expected to have long-term implications for immigration policy, citizenship verification, and the protection of constitutional rights for Indian residents.
Legal experts suggest that this ruling could set a precedent for future cases where Indian citizens face arbitrary detention or deportation. It emphasizes the role of the judiciary in upholding constitutional guarantees, ensuring administrative accountability, and protecting the rights of vulnerable populations.
Conclusion
The Calcutta High Court’s directive to repatriate the six West Bengal residents deported to Bangladesh underscores the vital role of judicial oversight in protecting citizens’ rights. The case reflects broader challenges in immigration and citizenship governance in India and highlights the importance of procedural fairness, humanitarian considerations, and adherence to constitutional principles. As the process of repatriation unfolds, families, political leaders, and human rights advocates will closely monitor the government’s actions to ensure justice, safety, and dignity for the affected individuals.
External References:
- Ministry of Home Affairs – Citizenship and Immigration Guidelines
- Government of West Bengal – Social Welfare Department
- Press Information Bureau – Ministry of Home Affairs
- Ministry of External Affairs, India – Diplomatic Relations
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