CALCUTTA HIGH COURT CHALLENGES ‘SUSPICION-BASED’ DEPORTATIONS, DEMANDS FAIR CHANCE TO PROVE CITIZENSHIP
October 9, 2026
The Calcutta High Court has cautioned that authorities cannot brand a person a Bangladeshi national and deport them solely on the basis of suspicion, stressing that individuals must be given a fair opportunity to establish their citizenship through a clear and demonstrable process.
Justice Saugata Bhattacharyya made the observations while hearing a petition challenging the detention of a man from Murshidabad and a deportation order issued against him and his wife by the Foreigners Regional Registration Office. The man’s wife, who has not been detained, approached the court to challenge the order and her husband’s continued detention.
According to the petitioner’s lawyer, Rabiul Islam, the man had been in detention since August 8, with suspicion reportedly arising from statements made by a few neighbours. The judge questioned why the man had remained in custody for more than two months and whether the authorities had followed an adequate procedure to determine his nationality.
Justice Bhattacharyya observed that the authorities appeared not to have given the detainee sufficient opportunity to establish his citizenship. He emphasised that allegations or assertions by other people could not, by themselves, conclusively determine an individual’s nationality or justify detention without due process.
The court was informed that the deportation order had been kept in abeyance. Justice Bhattacharyya subsequently referred the matter back to the Chief Justice of the High Court for assignment to an appropriate bench.
During the hearing, Additional Advocate-General Rajdeep Majumdar, representing the state government, suggested that the detainee might have obtained documents such as voter identification, Aadhaar and PAN cards using forged papers. The proceedings therefore brought into focus the need to examine documentary evidence and establish nationality through a proper legal process.
The observations come amid continuing controversy over allegations that Bengali-speaking migrant workers have been identified as undocumented Bangladeshi nationals and pushed across the border without adequate legal safeguards. The report also recalls cases in which four Indian nationals, including a woman and two children, returned to India through a court-directed process after spending nearly a year in Bangladesh.
The wider debate has intensified following the West Bengal government’s announcement of a “detain, delete, deport” policy targeting suspected undocumented Bangladeshi nationals. Opposition parties and civil society groups have raised concerns about the treatment of genuine Indian citizens who may face detention or exclusion because of questions surrounding their identity and documentation.
The High Court’s intervention underscores a central legal concern in such cases: suspicions about nationality must be examined through due process, and a person cannot be conclusively treated as a foreign national merely because allegations have been made against them.
