Calcutta HC Questions Delhi Police: The Calcutta High Court has raised sharp concerns over the deportation of Sunali Khatun, an eight-month-pregnant woman from Birbhum district, along with her husband and minor son, by the Delhi Police. The court questioned the “hot haste” in executing the deportation without completing the mandatory 30-day inquiry required under the Foreigners Act, 1946.
The incident has sparked a heated debate over procedural lapses, human dignity, and the treatment of vulnerable groups in India’s complex migration control framework.
Calcutta HC Questions Delhi Police: The Case at a Glance
- Who: Sunali Khatun, husband Danish Sheikh, and their eight-year-old son.
- Where: Originally from Birbhum, West Bengal; living in Delhi as daily-wage workers for nearly two decades.
- What Happened: Detained by Delhi Police at K.N. Katju Marg Police Station and deported to Bangladesh within two days on suspicion of being illegal immigrants.
- Key Concern: No statutory inquiry was carried out; Sunali was in the final trimester of pregnancy at the time of deportation.
Despite carrying documents such as Aadhaar and voter ID, the family was expelled to Bangladesh, where they were jailed under immigration laws.
Court’s Questions: “Why Such Urgency?”
The division bench of Justices Tapabrata Chakraborty and Reetobrata Kumar Mitra did not mince words in questioning the actions of the Delhi Police.
The judges asked:
- “What inquiry was carried out before deportation?”
- “Why was the family deported within two days?”
- “Where is the inquiry report?”
- “Who was the informer, and what was the basis of declaring them Bangladeshis?”
The bench emphasized that a pregnant woman’s vulnerability warranted caution and compassion rather than expedited deportation.
Delhi Police’s Defence
Representing the Delhi Police, Additional Solicitor General Ashok Chakraborty argued that:
- The case was outside Calcutta HC’s jurisdiction since detention occurred in Delhi.
- The petitioners had suppressed facts of earlier litigation before the Delhi High Court.
- The family’s citizenship was under question, and police acted under the Foreigners Act’s powers.
The court, however, insisted that the habeas corpus petition deserved an urgent hearing, especially given Sunali’s advanced pregnancy.
Humanitarian Concerns
The case raises urgent humanitarian questions:
- The unborn child’s citizenship: If born in Bangladesh, will the child have any recognized nationality?
- Pregnancy and deportation risks: International law and medical ethics recommend non-separation and protection for pregnant women in conflict or legal disputes.
- Right to dignity: Article 21 of the Indian Constitution guarantees the right to life with dignity, which the court hinted may have been compromised.
A 2023 report by the World Health Organization (WHO) stresses the importance of protecting the rights of pregnant women during detention and migration processes (WHO Report).
Wider Context: A Pattern of Deportations
This case is not isolated. Similar cases of Bengali-speaking individuals facing deportation have surfaced:
- Amir Sk from Malda was wrongfully deported but later returned after judicial intervention.
- Several families across Bengal have been caught in cross-border limbo, with neither India nor Bangladesh recognizing them.
- A study by Newsclick highlighted how deportation practices sometimes disproportionately affect Bengali-speaking Muslims, sparking allegations of profiling (Newsclick report).
These incidents show a systemic pattern, where enforcement often outpaces due process.
The Law: Foreigners Act and Due Process
Under the Foreigners Act, 1946, anyone suspected of being an illegal immigrant must face:
- Notice and Inquiry: A 30-day statutory inquiry before any final decision.
- Verification of Documents: Aadhaar, voter ID, and residency records should be cross-checked.
- Judicial Oversight: Deportations must withstand legal scrutiny to avoid miscarriage of justice.
The Calcutta HC’s questioning underscores that these safeguards may not have been followed.
International Human Rights Dimension
Internationally, deporting a pregnant woman without due inquiry could be seen as a violation of:
- UNHCR Refugee Protection Principles
- Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
- UN Convention on the Rights of the Child (CRC), especially in cases where unborn children may face statelessness
These conventions remind states of their obligation to prioritize human dignity over bureaucratic expedience.
Timeline of Events
- June 24, 2025 – Sunali and family detained in Delhi.
- June 26, 2025 – Deported to Bangladesh, jailed under immigration laws.
- July 2025 – Birbhum relatives petition Calcutta HC.
- August 2025 – Court questions Delhi Police on procedural lapses.
- September 6, 2025 – Case hearing advanced after Supreme Court directive.
Public Response
- Human Rights Groups: Condemned the act as “a violation of dignity and due process.”
- Legal Experts: Stressed that even suspected foreigners have rights to inquiry and representation.
- Civic Groups in Birbhum: Expressed fear that more poor Bengali-speaking families could face wrongful deportations.
Implications Moving Forward
- For Delhi Police – They may face stricter judicial oversight on deportation cases.
- For Courts – This case could set a precedent in balancing enforcement with humanitarian safeguards.
- For Policy – India may need to review its deportation protocols to align with constitutional guarantees.
Conclusion
The Calcutta High Court’s intervention in Sunali Khatun’s case is more than a legal tussle—it is a test of India’s democratic conscience. Deporting a heavily pregnant woman without proper inquiry raises troubling questions about the balance between national security and human rights.
As the case proceeds, it could set an important precedent for how India treats its most vulnerable—especially in an era where migration, identity, and legality remain contested issues.
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