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Calcutta High Court Questions Detention and Deportation Order of Murshidabad Resident

By Drooid · · How we work

Core Event

The Calcutta High Court examined the legality of the detention and deportation order issued against Sahidul Sheikh, a resident of Murshidabad district accused of being an illegal Bangladeshi immigrant. Justice Saugata Bhattacharyya asked the West Bengal government to explain the factual basis for the order, noting that merely labeling a person as a Bangladeshi national is insufficient.

Background & Context

The case arises amid a special drive launched by the Union Home Ministry to identify and deport undocumented Bangladeshi nationals and Rohingyas. The state counsel cited central guidelines issued on May 2 2026 that outline criteria for identifying illegal migrants and the procedural steps for their removal. The drive has heightened scrutiny of individuals holding Indian identity documents—such as Aadhaar, voter ID, and PAN cards—without valid passports or visas.

Timeline

  • August 8 – Sahidul Sheikh is taken into custody by Raninagar police on suspicion of illegal entry.
  • August 10 – Police forward a report to the Foreigners Regional Registration Office (FRRO).
  • September 26 – The FRRO issues a deportation order (reported by Hindustan Times).
  • September 28 – A second deportation order is issued (reported by Hindustan Times and Indian Express).
  • October 14 (scheduled) – The petition is to be transferred to an appropriate bench for further hearing.

Data & Statistics

  • Detention began on August 8 and continued for more than two months without a hearing.
  • The deportation order dated September 28 remains in abeyance pending judicial review.
  • The petitioner’s family claims possession of Aadhaar, voter ID, and PAN cards, which the state alleges were obtained using forged documents.

Official Statements & Responses

  • Justice Saugata Bhattacharyya emphasized procedural fairness, stating that the petitioner must be allowed to respond to the police affidavit before any deportation proceeds. He warned that deporting the petitioner while the petition is pending would render the court’s review moot.
  • Advocate General Rajdeep Majumdar argued that forged documents raise suspicion and constitute grounds for deportation. He referenced “confidential information” gathered during the special drive and noted that Sahidul Sheikh had admitted crossing the border illegally.
  • The court ordered that the deportation order be kept in abeyance until the next hearing and directed that the petition be placed before a bench with appropriate jurisdiction on October 14.

Conflicting Reports & Gaps

Sources differ on the exact date of the FRRO’s deportation order: Hindustan Times cites September 26, while both Hindustan Times and Indian Express also mention an order dated September 28. The court’s records do not clarify which order is presently in effect.

Verbatim Quote

  • “It (detention order passed by the Foreigners Registration Office) was a conclusive finding that they are Bangladeshi nationals and the detention order was passed. What is the basis?” — Justice Bhattacharyya

What’s Next

The High Court will transfer the petition to a designated bench on October 14. The bench will determine whether the detention and deportation order comply with procedural safeguards and the May 2 2026 central guidelines.