The Calcutta High Court has stayed the deportation of a person to Bangladesh and questioned whether statements made by family members can, by themselves, determine an individual’s citizenship. The court’s order prevents further action in the case until the matter is heard by the appropriate bench on 14 October.
Justice Sougat Bhattacharya passed the order after hearing the matter on Thursday, according to a report by Sanmarg. The court said the next hearing would take place before Justice Krishna Rao, and that further steps could be taken only after the court’s order.
The petitioner’s advocate told the court that the Foreigners Registration Office had issued an order directing that the person be sent to Bangladesh while the matter was still under consideration. The state government, meanwhile, argued that the petitioner should be directed to immediately apply before the Foreigners Registration Office.
The court did not accept that submission during the hearing. The state said the petitioner had been arrested by the police, rather than being a person who could simply be directed to approach the registration office. The government also referred to the judicial jurisdiction of Justice Bhattacharya’s court and argued that cases involving the determination of foreigner status were being heard before Justice Krishna Rao.
The proceedings also focused on the petitioner’s detention. Justice Bhattacharya asked about the person being held at a detention centre in Murshidabad since 8 August. The state government argued that members of the petitioner’s family had stated that he was Bangladeshi. The Additional Advocate General further alleged that the petitioner had obtained a fake PAN card, Aadhaar card and voter identity card.
The judge questioned whether a person’s citizenship could be decided solely on the basis of statements made by family members. Justice Bhattacharya also asked the Additional Advocate General whether the government was aware of how many people had crossed over from the other side in the 1970s and whether it would be possible to send all of them back to Bangladesh.
The stay places the proposed deportation on hold while the court considers the legal and factual issues raised in the petition. The next scheduled hearing, before Justice Krishna Rao on 14 October, is expected to determine the next steps in the case.
