The Calcutta High Court has struck down detention and deportation orders issued in June 2025 against a West Bengal resident’s daughter, her husband, and their minor child, who had been sent to Bangladesh. The Court directed the Union of India and Delhi authorities to take steps to facilitate their return to India within four weeks.
The petitioner, a resident of Birbhum, alleged that his family members all Indian citizens were picked up during an “identity verification drive” in Delhi and deported without following due process. Government authorities, however, claimed that the individuals were Bangladeshi nationals who admitted their foreign origin and had failed to establish citizenship.
A Division Bench of Justices Reetobroto Kumar Mitra and Tapabrata Chakraborty overruled preliminary objections on maintainability, noting that part of the cause of action arose in West Bengal since the petitioner resided there, lodged a complaint locally, and the Ministry of Home Affairs’ protocol dated 02.05.2025 required verification through the State of residence.
The Court found that the authorities acted in “hot haste” by deporting the family within two days without conducting the mandatory verification, thereby violating Articles 14 and 21 of the Constitution. It emphasized that procedural fairness is integral to “procedure established by law” and cannot be bypassed.
Accordingly, the High Court quashed the detention and deportation orders and directed the authorities to coordinate with the Indian High Commission in Dhaka to bring the family back. A plea for stay of the order was rejected.
Appearances:
Petitioner: Mr. Raghunath Chakraborty; Mr. Supratick Syamal; Ms. Tanusree Das; Ms. Sabnam Sultana
Respondents 1 to 4: Mr. Ashok Kumar Chakraborty, Ld. ASG; Mr. Dhiraj Kumar Trivedi, Ld. DSGI; Mr. Kumar Jyoti Tiwari, Sr. Adv.; Mr. Shailendra Kr. Mishra; Ms. Anamika Pandey; Ms. Amrita Pandey; Mr. G. Pandey
Respondents 5 & 6: Mr. Dhiraj Kumar Trivedi, DSGI; Ms. Anamika Pandey
State: Mr. Kishore Datta, Ld. AG; Mr. Amitabrata Roy, Ld. GP; Mr. Swapan Banerjee, Ld. AGP; Mr. Biswabrata Basu Mallick, Ld. AGP; Ms. Sumita Shaw; Mr. Soumen Chatterjee
