Calcutta High Court Questions Delhi Police Over Alleged Deportation Of Bengali Migrant Family To Bangladesh Within 2 Days Of Detention Order
The Calcutta High Court has questioned the Delhi police over the "hasty" deportation of a Bengali-migrant family from Birbhum district to Bangladesh within 48 hours of a detention order being passed against them.The questions were raised by a division bench of Justices Tapabrata Chakroborty and Reetobroto Kumar Mitra.Ashok Kr Chakraborty, the Additional Solicitor General appearing for...
The Calcutta High Court has questioned the Delhi police over the "hasty" deportation of a Bengali-migrant family from Birbhum district to Bangladesh within 48 hours of a detention order being passed against them.
The questions were raised by a division bench of Justices Tapabrata Chakroborty and Reetobroto Kumar Mitra.
Ashok Kr Chakraborty, the Additional Solicitor General appearing for the respondent nos. 1 to 4, submits that no part of the cause of action has arisen within the State of West Bengal, and the seat of the said respondents is at New Delhi.
The writ petition was preferred, alleging that the respondents had not taken into consideration a representation submitted by the petitioner on 6th July, 2025. The said representation is addressed to the Station House Officer, K. N. Katju Marg, Police Station Rohini, New Delhi and in the same, it has been stated by the writ petitioner that in the event no satisfactory response is furnished, he would be constrained to seek appropriate remedies before the High Court of Delhi under Article 226 of the Constitution of India.
It was submitted that, thus, the present writ petition, filed before the Calcutta High Court, was not maintainable.
He further submitted that the deportation order dated 26th June, 2025, has also not been challenged in the present writ petition. In the absence of such a challenge, the present writ petition seeking a writ of habeas corpus is not maintainable.
He further argued that the present writ petition has been preferred before this Court, suppressing that previously another writ petition was filed before the High Court of Delhi. When the status report containing an order of detention dated 24th June, 2025, was placed before the Court, the writ petitioner did not press for any relief and accordingly, the said writ petition was dismissed.
Dhiraj Trivedi, the Deputy Solicitor General of India appearing for the respondent nos. 5 and 6 submits that it cannot be urged on behalf of the petitioner that he had no knowledge about the writ petitions filed before the High Court of Delhi, since in the representation annexed to the present writ petition, he had stated that he would seek appropriate remedies before the High Court of Delhi.
At the time of dismissal of the writ petition before the Delhi High Court, no leave was granted to prefer any fresh writ petition before any other appropriate forum.
Raghunath Chakraborty, advocate appearing for the petitioner, denies and disputes the contention of Mr. Chakraborty and submits that a part of the cause of action has arisen within the State of West Bengal, and as such, the writ petition cannot be dismissed on the ground of maintainability when an issue of violation of fundamental rights is involved.
It was stated that the petitioner's daughter, son-in-law and minor grandchild had been illegally deported in haste. The purported order of detention was passed on 24th June, 2025, and they were deported two days thereafter on 26th June, 2025.
Counsel argued that in the affidavits affirmed before this Court, the respondents have also not answered the queries as detailed in an earlier order.
However, to conclude his arguments on the issue of maintainability, the court granted the counsel an adjournment to 11th September, 2025.
Case: Bhodu Sekh Vs. Union of India & Ors.
Case No: WPA (H) 50 of 2025