Calcutta High Court has asked the Centre to clarify how two Bengali migrant families were sent from Delhi to Bangladesh. The Court seeks details on the deportation process and designated points of exit.
Kolkata: The Calcutta High Court on Thursday directed the Central Government to submit an affidavit explaining the manner and method in which two families of Bengali migrant workers were sent from Delhi to Bangladesh.
The Division Bench, comprising Justice Tapabrata Chakraborty and Justice Reetobrata Mitra, was hearing two habeas corpus petitions filed by the families of Sonali Bibi and Sweety Bibi from Birbhum district.
These families alleged that they were “pushed into” Bangladesh along with their family members, just days after being detained in Delhi during a drive against illegal migrants from Bangladesh.
The High Court instructed the Centre “to disclose the place” from where the detainees were sent to Bangladesh.
The Bench further ordered,
“Also, disclose the designated place from where the detainees were deported.”
When the Centre argued that the Calcutta High Court did not have jurisdiction to hear the two habeas corpus petitions
“since the matter was pending in the Supreme Court,”
the Bench said this issue would be examined along with the main matter.
The Court stated,
“The maintainability point will be kept open,”
and scheduled the next hearing for September 23.
During the hearing, the counsel for the petitioners highlighted that no formal deportation order had been issued in the case.
“Delhi Police decided on their own that they were Bangladeshi citizens. The police wrote this in their note… Also, before deporting them, Delhi Police should have consulted the West Bengal government, which was not done,”
Raghunath Chakraborty, representing the petitioners, told the Court.
Chakraborty further informed the High Court that his clients are Indian citizens and are currently in jail in Bangladesh after being arrested for allegedly entering the country illegally.
The petitioner’s counsel also pointed out that according to a 2025 notification, the State of the deportee’s permanent residence is required to submit a report to the State conducting the deportation within 30 days, along with all relevant documents.
Chakraborty told the Court,
“If no report is sent in time, the FRRO (Foreigners Regional Registration Office) can deport them,”
The West Bengal government, which is supporting the petitioners, informed the Court that the State should have been consulted before deporting the migrant workers. The State officials had documents showing that the families were residents of Birbhum.
“After verifying their residential documents, an email was sent to the Delhi police authorities, but there is no reply till date,”
the State government’s counsel told the High Court.
The Centre, on the other hand, argued that the petitions were “malafide from the beginning.”
The Centre’s counsel stated,
“They filed a writ challenging the deportation in the Delhi High Court, and then withdrew. But the Delhi High Court did not give any leave. The deportation order has not been challenged. They have accepted deportation to Bangladesh. No Aadhaar or voter card was provided to show that they are Indian citizens,”
Sonali Bibi, her husband Danish, and their eight-year-old son were pushed into Bangladesh on June 26 after being detained by the Delhi Police. Sonali Bibi is eight months pregnant.
Last month, they were arrested by the Bangladesh police for allegedly entering the country illegally and were jailed.
Similarly, Sweety Bibi, aged 32, and her two sons, aged 6 and 16, who are residents of Dhitora village in Birbhum, were also detained and deported to Bangladesh at the same time. Both families had been detained at Delhi’s K N Katju Marg police station before being pushed across the border.
This case raises serious concerns over the legality of the deportation process and the rights of Indian citizens allegedly mistaken as illegal migrants. The Calcutta High Court’s next hearing on September 23 is expected to further examine these issues and the Centre’s affidavit on the matter.
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