Calcutta High Court slams Delhi Police over alleged illegal deportation of Bengali migrants within 48 hours of detention.
The Calcutta High Court expressed serious concern over the swift deportation of a Bengali migrant family by Delhi Police, demanding accountability.
Court Slams “Unseemly Haste” in Deportation
In a significant hearing on Tuesday, the Calcutta High Court questioned the Delhi Police for allegedly deporting a Bengali migrant family from Birbhum to Bangladesh just two days after a detention order — raising serious doubts about due process and legal compliance.
A division bench of Justices Tapabrata Chakroborty and Reetobroto Kumar Mitra presided over the matter and appeared visibly perturbed by the lack of procedural safeguards. The judges noted that the deportation seemed to have occurred “in unseemly haste”, leaving no time for judicial review or appeal.
“Was there such an urgency to deport a family who had lived here for years?” Justice Mitra remarked during the hearing.
Centre, Delhi Police Face Legal Heat
Appearing for the Union government, Additional Solicitor General Ashok Kr Chakraborty faced pointed questions regarding the chain of decisions that led to the deportation. The Court observed that no clear evidence was presented to justify such a rapid expulsion.
The migrant family, whose identity remains protected due to ongoing legal proceedings, was reportedly residing in Birbhum district for several years and had approached the court for relief under constitutional and humanitarian grounds.
The Court directed Delhi Police and central authorities to submit a full affidavit explaining:
- The basis of the detention order,
- The grounds for declaring the family as Bangladeshi nationals, and
- The urgency that prompted deportation without a proper hearing.
Serious Implications for Migrant Rights
Legal experts say this case could set a significant precedent for how suspected undocumented migrants are treated in India, especially under the Foreigners Act and allied regulations.
Advocate Sumita Roy, speaking to The Legal Observer, noted:
“Deporting individuals without allowing them to exhaust legal remedies violates the basic structure of due process enshrined in our Constitution.”
The matter has now been posted for further hearing in two weeks, with the Court warning that failure to provide satisfactory justification could lead to contempt proceedings or recommendations for departmental action.
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