Calcutta High Court's Landmark Ruling: Illegal Deportation of Birbhum Residents Demands Immediate Return

In a powerful affirmation of human rights and due process, the Calcutta High Court has delivered a landmark judgment, declaring the deportation of 30 residents from Birbhum, West Bengal, by Bangladesh authorities as "illegal." The court has issued a strict directive, ordering the Ministry of External Affairs and the West Bengal government to ensure the swift return of these individuals to India within a mere four weeks, should they wish to come back.

This pivotal ruling, handed down by a division bench comprising Chief Justice T S Sivagnanam and Justice Hiranmay Bhattacharyya, further mandates that all expenses related to the travel and accommodation of the returning residents must be borne by the Central and State governments.

The court's unequivocal stance underscores a significant victory for the affected families and highlights grave concerns regarding the procedures of cross-border deportations.

The case revolves around 30 Indian citizens, including women and children, hailing from various villages in Birbhum district.

These individuals had reportedly crossed into Bangladesh in search of work, finding employment in garment factories and other sectors. While in Bangladesh, they were arrested by local authorities for lacking proper documentation. Instead of being repatriated through formal channels, they were allegedly "pushed back" across the border into India without any due legal process on the Indian side.

The petitioner, a relative of some of the deported individuals, brought the matter to the High Court's attention, vehemently arguing that their deportation was unlawful.

The plea highlighted that these individuals were Indian citizens who were not produced before a magistrate upon their return to India, nor were the established procedures for "pushing back" foreign nationals followed. The court noted that there was no record of their entry or any formal handover, which is a critical lapse in standard international protocols.

During the proceedings, both the state government and the central government initially claimed ignorance regarding the precise circumstances of the "push back." However, the court's thorough examination revealed the clear violation of legal norms.

The Chief Justice critically observed, "If 30 Indian citizens were deported or pushed back to India from Bangladesh, they should have been produced before a magistrate. You (state government) should have lodged an FIR against them if they illegally entered India. But nothing was done." This observation alone speaks volumes about the procedural failures.

The court's order is not merely about bringing individuals home; it’s a robust statement on international legal obligations and the protection of citizens' rights, even when they find themselves in vulnerable situations abroad.

By demanding their return and ensuring all costs are covered, the Calcutta High Court has set a crucial precedent, reinforcing that no citizen should be subjected to arbitrary deportation without proper legal oversight and humanitarian consideration. This judgment will undoubtedly resonate across similar cases involving migrant workers and cross-border movements, urging stricter adherence to due process and human dignity.