Kolkata: Calcutta High Court on Thursday “put in abeyance” the deportation of a Murshidabad resident to Bangladesh, stressing that a person cannot be detained for two months without due process of law and on “mere suspicion” of being a Bangladeshi.Justice Saugata Bhattacharyya also questioned whether a deportation order can be issued solely on the basis of “certain statements”.As per a habeas corpus petition, Sahidul Seikh, was picked up by cops on Aug 8 on suspicion of being a Bangladeshi. Records presented in court showed the Foreigners Regional Registration Office (FRRO) on Aug 10 ordered Sahidul’s detention, and on Sept 27, his deportation. In between, on Sept 17, the single bench of Justice Bhattacharya issued an order calling for records detailing the grounds for detention.The prosecution informed the court on Thursday that Sahidul had named one late Kalam Sheikh as his father but Kalam’s family members had told Raninagar police they did not know him.Additional advocate general (AAG) Rajdeep Mazumder argued that in multiple such petitions alleging illegal deportation that are currently being heard by the high court, it has been found that Aadhaar, PAN and school certificates were obtained using forged documents.Justice Bhattacharyya, however, remained unconvinced. “In the 1970s, how many crossed the border? Is it possible to send all of them back? Go to the bordering districts… is it possible? Unless you follow due process, how can a person be detained since Aug 8? A deportation order is passed based merely on certain statements from family members of one late Kalam Sheikh?” the judge asked.Justice Bhattacharyya repeatedly asked the authorities what led them to believe Sahidul is a Bangladeshi national. Bengal govt submitted Sahidul had confessed to being a Bangladeshi and his supposed family had refused to recognise him. However, Justice Bhattacharyya stressed Sahidul must be given an opportunity to be heard, noting that if he is deported to Bangladesh, the petition will become infructuous.“It appears the person has been under detention since Aug 8. On Sep 27, the deportation order was passed. From Aug 8 to Sept 17 (when the HC last heard the case), nothing happened—he was simply detained. Only after this court passed an order on Sep 17 was the deportation order issued within 10 days. If he is deported, nothing remains of this case. Prior to that, he needs to be given an opportunity to respond,” the judge said.With FRRO issuing the deportation order, the matter will now be heard by another bench as Justice Bhattacharyya’s current determination is limited to police inaction.
