Calcutta High Court Orders Return of Six West Bengal Residents Deported to Bangladesh
Background of the Case
In a significant ruling, the Calcutta High Court has mandated the Indian government to repatriate six individuals from two families who were deported to Bangladesh earlier this year. This decision, announced on Friday, underscores the complexities surrounding immigration and citizenship in India, particularly in the context of West Bengal, a state with a long history of migration and cultural intermingling with Bangladesh.
The families involved, hailing from Birbhum district in West Bengal, were detained in Delhi on June 24, 2023, under suspicions of being illegal Bangladeshi immigrants. Among those affected are Sunali Khatun, who is eight months pregnant, her husband Danish Sheikh, their minor son Sabir Sheikh, and another couple, Sweety Bibi and Kurban Sheikh, along with their son Imam Dewan. The court has given the central government four weeks to facilitate their return.
Legal Proceedings and Arguments
The case has drawn attention not only for its humanitarian implications but also for the legal arguments surrounding it. During the hearings, which began in July, the families’ lawyer, Raghunath Chakraborty, presented evidence indicating that the families had owned land in Birbhum for over two decades prior to the creation of Bangladesh in 1971. This historical context is crucial, as it challenges the notion that they could be classified as illegal immigrants.
The court’s inquiry revealed that the families were detained solely based on their Bengali language, raising questions about the criteria used for such deportations. Despite presenting valid identity documents, including Aadhaar cards, the families were forcibly removed from India without the West Bengal government’s knowledge.
Court’s Ruling and Government Response
The division bench, comprising Justices Tapabrata Chakraborty and Ritabrata Kumar Mitra, dismissed arguments from the Delhi Police, which contended that the Bangladesh government had not claimed the deportees as Indian nationals. The Centre’s legal representatives also questioned the jurisdiction of the Calcutta High Court, asserting that the deportation order was issued in Delhi and should be contested there.
However, the bench remained firm in its decision, stating, “We have ordered the persons to be returned to India. Four weeks’ time is being given.” This ruling reflects the court’s commitment to upholding individual rights and addressing potential miscarriages of justice.
Political Reactions
The case has sparked a political firestorm, with various stakeholders weighing in on the implications of the court’s ruling. TMC Rajya Sabha member Samirul Islam, who has been providing legal assistance to the families, hailed the decision as a victory for justice in Bengal. He emphasized the support from Chief Minister Mamata Banerjee, framing the outcome as a triumph against what he described as a malicious campaign by the BJP’s information technology cell.
Conversely, BJP state spokesperson Debjit Sarkar characterized the deportations as a mistake but reiterated the party’s stance on illegal immigration from Bangladesh. He stated, “Illegal migration from Bangladesh poses a crisis. We cannot allow infiltrators to settle down and claim the rights of people like Khatun.” This highlights the ongoing tensions between the ruling party in West Bengal and the central government, particularly regarding immigration policies and national security.
Historical Context of Migration in West Bengal
The issue of migration between India and Bangladesh is deeply rooted in history. The partition of India in 1947 and the subsequent creation of Bangladesh in 1971 led to significant population movements across the border. Many families, like those involved in this case, have historical ties to the land that predate these political changes. The complexities of identity, citizenship, and belonging continue to shape the socio-political landscape in West Bengal.
The region has long been a melting pot of cultures, languages, and communities, making the question of who belongs particularly contentious. The Calcutta High Court’s ruling serves as a reminder of the need for a nuanced understanding of these issues, especially in light of the ongoing debates surrounding the National Register of Citizens (NRC) and the Citizenship Amendment Act (CAA).
Conclusion
The Calcutta High Court’s directive to repatriate the six deported individuals underscores the intricate interplay between law, politics, and human rights in India. As the case unfolds, it will likely continue to evoke strong reactions from various political factions and civil society groups. The ruling not only addresses the immediate plight of the families involved but also raises broader questions about immigration, identity, and the rights of individuals in a rapidly changing socio-political landscape. The outcome of this case may set important precedents for future immigration-related disputes in India, particularly in states like West Bengal, where the lines between citizenship and belonging are often blurred.
