Calcutta High Court Slams State Administration Over Detaining Murshidabad Man as 'Bangladeshi'
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In a sharp and uncompromising rebuke of administrative overreach, the Calcutta High Court has pulled up the state administration, ruling that individuals cannot be arbitrarily detained or labeled as foreign nationals on the mere basis of suspicion. Presiding over an open-court hearing on Thursday, October 8, 2026, Justice Saugata Bhattacharya expressed deep displeasure over the prolonged detention of a Murshidabad resident facing imminent deportation. Granting a temporary stay on the government's expulsion order, the bench emphasized that state authorities are legally bound to follow due process and afford individuals adequate opportunity to legally establish their citizenship before taking coercive measures.
Prolonged Detention Based on Neighbor Statements: Court Questions Administration
The judicial scrutiny arose from a habeas corpus-style writ petition filed by the wife of the detained individual, challenging the validity of his confinement:
Two Months in Custody: Representing the petitioner, advocate Rabiul Islam informed the court that his client had been arbitrarily detained since August 8, 2026, following unverified suspicions raised verbally by local neighbors.
The Wife's Appeal: While the husband remained locked in detention under orders from the Foreigners Regional Registration Office (FRRO) for prospective deportation, his wife filed an emergency plea pointing out the complete lack of statutory verification.
Judicial Reprimand: Confronted with the facts, Justice Bhattacharya directly questioned the state government counsel, asking why the citizen was kept locked up for two months without following clear, transparent, and established legal procedures to verify citizenship.
'Is It Possible to Send Everyone Back?': Justice Bhattacharya Questions Mass Deportation Logic
During the intense courtroom proceedings, the bench raised broader constitutional and practical concerns regarding arbitrary profiling:
No Deportation on Suspicion: Justice Bhattacharya reiterated that citizenship cannot be dismissed or undermined based on loose, informal claims, stressing that due process of law is a non-negotiable constitutional safeguard.
Historical Border Realities: Highlighting the complex socio-political history of the region, the judge remarked, "How many people have crossed the border since the 1970s? Is it possible to send them all back?"
Referral to Chief Justice: Concluding the initial hearing, the bench issued a temporary stay on the deportation order and referred the matter back to the Chief Justice of the High Court to allocate the complex citizenship case to the appropriate dedicated bench.
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