कोलकाता हाई कोर्ट ने शेख केस में बांग्लादेशी निर्वासन के आधार पर सरकार से जवाब माँगा

Calcutta High Court questions Bengal on Bangladesh deportations in Shekh case

The Calcutta High Court questioned the basis of Sahidul Shekh's detention and proposed deportation. The order was kept in abeyance, underscoring due process concerns in migrant identification.

The Calcutta High Court on Thursday asked the West Bengal government how many people had crossed the India-Bangladesh border in the 1970s and whether it was practically possible to deport all of them, while hearing a petition against the detention and deportation of a man alleged to be a Bangladeshi national. The matter came up on a plea filed by Sahidul Shekh, who challenged orders of the Foreigners Regional Registration Office for his detention and deportation.

Justice Saugata Bhattacharyya questioned the basis on which Shekh had been identified as a Bangladeshi national and why he had been detained for more than two months without due process. The judge also asked how Shekh could be in possession of Aadhaar and voter identity cards if he was a Bangladeshi national, while the state said the documents had allegedly been obtained using forged certificates issued by a local panchayat.

During the hearing, the judge asked Additional Advocate General Rajdeep Majumdar how many people had crossed the border in the 1970s and whether it was practically possible to “send them back the whole hog”. He also observed that one should visit the districts bordering Bangladesh to understand the ground realities.

The court examined the basis of the deportation order, particularly when it was allegedly based on statements by certain persons whom Shekh claimed were his family members. The state said Shekh was first detained by Raninagar police in Murshidabad district on August 8 on suspicion of being an illegal migrant, and that the FRRO affirmed the detention on August 10 on the basis of a report by the officer-in-charge of Raninagar police station.

The state counsel told the court that the Centre had issued guidelines on May 2, 2026, for identifying illegally staying Bangladeshi nationals and Rohingyas and facilitating their deportation, and that a special drive was under way to identify illegal immigrants. He submitted that possession of Aadhaar, voter identity and PAN cards obtained on the basis of allegedly forged credentials created suspicion and could be grounds for deportation. Failure to produce necessary documents before the authorities could also be a ground for deportation, he said.

The state's lawyer also said that persons whom Shekh claimed were his family members had told the authorities that they did not know him. The court, however, asked whether this alleged refusal to support Shekh's claim established that he was a Bangladeshi national. “Opportunity should be given to the petitioner to explain his position,” the court observed. Shekh's lawyer said his client was being held at a holding centre and had not yet been deported as the petition was pending before the high court.

The state further argued that the matter should be heard by another bench with the appropriate jurisdiction. Justice Bhattacharyya then released the petition from his court and directed that it be placed before the appropriate bench on October 14. The court also ordered that the deportation order against Shekh would remain in abeyance until the matter is heard by the appropriate bench, keeping the dispute over his detention and proposed deportation open for further hearing.

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