Calcutta High Court Quashes Deportation Order, Directs Repatriation of Indian Citizens from Bangladesh
Court Upholds Fundamental Rights, Criticizes "Hot Haste" Deportation Process
In a landmark judgment, the Calcutta High Court has quashed the deportation orders of Sunali Khatun, Danish Sekh, and their child Sabir Sekh, who were allegedly deported to Bangladesh without due process. The court directed the authorities to take immediate steps to bring them back to India within four weeks. The Division Bench, comprising Justices Reetobroto Kumar Mitra and Tapabrata Chakraborty, ruled that the deportation violated fundamental rights and principles of natural justice.
The case was brought before the court by Bhodu Sekh, the father of Sunali, who filed a writ of habeas corpus arguing that his family members were Indian citizens by birth and had been unlawfully detained and deported. The court found that the procedural safeguards outlined in the government's memo dated 02.05.2025 were not adhered to. The authorities failed to conduct a proper inquiry and verification by the state authorities, which should have been completed within 30 days.
The judgment emphasized that suspicion cannot replace proof, and any confessional statements obtained under duress are inadmissible. The court highlighted that the detainees' fundamental rights to equality, protection against self-incrimination, and the right to life and liberty were violated. The Foreigners Act, 1946, was also cited, reinforcing that the onus of proof lies with the alleged foreigners, and any executive action must be based on material evidence.
The court criticized the deportation process as being conducted in "hot haste" without following due process, noting the absence of any emergent situation that warranted such swift action. The decision underscores the importance of adhering to constitutional safeguards and procedural fairness in deportation cases.
The court ordered the respondents, including the Union of India and the police authorities, to coordinate with the High Commission of India in Dhaka to facilitate the family's return. The judgment reaffirms the judiciary's role in protecting individual rights and ensuring that executive actions are conducted lawfully and justly.
Bottom Line:
Writ of habeas corpus seeking release of detainees allegedly deported without following due procedure. Violation of procedural safeguards and constitutional rights renders deportation order bad in law.
Statutory provision(s): Constitution of India Articles 14, 20(3), 21, 226; Foreigners Act, 1946 Section 9
Bhodu Sekh v. Union of India, (Calcutta)(DB) : Law Finder Doc Id # 2784979
