The Calcutta High Court has stayed the proposed deportation of a person to Bangladesh, questioning whether statements by family members alone can establish an individual’s citizenship. The order was passed during a hearing before Justice Saugata Bhattacharyya, with the next hearing listed before Justice Krishna Rao on October 14, according to a report by Sanmarg.
The court said no further step could be taken in the matter until the case is heard. The petitioner’s lawyer told the court that the Foreigners Registration Office had issued an order for the person to be sent to Bangladesh while proceedings concerning the matter were still underway.
The state government argued that the petitioner should be directed to apply immediately before the Foreigners Registration Office. The court did not accept that submission during the hearing, noting that the person had been arrested by the police.
The state also questioned whether Justice Bhattacharyya’s court had jurisdiction to hear the matter. Its representative said that cases concerning determination of citizenship were being heard before Justice Krishna Rao’s court and that the determination in such cases rested there.
The hearing also focused on the person’s detention. Justice Bhattacharyya asked why the individual had been kept at a detention centre in Murshidabad since August 8. The state government said members of the person’s family had stated that he was Bangladeshi.
Additional Advocate General for the state further alleged that the person had obtained a fake PAN card, Aadhaar card and voter identity card. The report did not provide details of any separate finding or final order establishing those allegations.
Justice Bhattacharyya questioned whether citizenship could be decided solely on the basis of statements made by family members. The judge also asked the state’s law officer about the large-scale movement of people from across the border in 1970 and whether it would be possible to send all such people back to Bangladesh.
The stay means that the proposed deportation cannot proceed before the matter is considered further by the court. The next hearing is scheduled before Justice Krishna Rao on October 14.
