The Calcutta high court on Friday sought a response from the Delhi government regarding the alleged detention of a migrant family from Bengal and their reported deportation to Bangladesh. The matter was heard by a division bench of Justices Tapabrata Chakraborty and Reetobroto Kumar Mitra, according to LiveLaw.
“We have had a similar matter yesterday, in that we said that before issuing rule, we can seek a response from the state, so we will do the same in this case,” the bench observed during the hearing.
Counsel clarified that the previous case involved migrants detained in Odisha and later returned to Bengal, whereas the present matter concerns a family that had been allegedly deported to Bangladesh.
“We have extra-territorial jurisdiction... this is what you have come to learn, let us see what they come with,” the court noted.
While the detainees from Odisha have been released, the court is yet to decide on the legality of their arrest and detention.
On Friday, the court also directed the Union home ministry to submit a report by Wednesday on the alleged deportation of six individuals, including minors, by the Delhi police, according to The New Indian Express.
The chief secretary of West Bengal, Manoj Pant, has been instructed to contact his counterpart in Delhi and submit a report on the same day. The next hearing will also take place on Wednesday.
Two habeas corpus writs were presented before the bench. One pertains to a family of three, father, mother, and their eight-year-old son, who were allegedly deported. The other concerns their close relatives, another set of parents and a minor son.
The petitioners’ counsel told the court that they came to know about the deportation through media reports. The West Bengal Government’s counsel endorsed the claim.
The petitioners maintained that the individuals deported were Indian citizens. “The reply is still awaited,” the counsel submitted, referring to an email communication with Delhi Police urging them to verify the identity documents of the detainees, according to The New Indian Express.
The counsel also submitted that the deportation was carried out without producing the individuals before the Foreigners Tribunal, which is a legal requirement.
Another set of relatives, allegedly picked up from the Rohini Police Station area in Delhi, were also reportedly deported to Bangladesh.
The counsel further informed the court that some of the individuals seeking protection had been detained in Odisha but were now back home. “All the two detainees have subsequently been released and they are back home. But today’s habeas corpus writ pertains to persons deported to Bangladesh,” the counsel said.