The Calcutta High Court on Friday set aside the Centre's decision to deport Sunali Khatun, Danish and Sabir Shek and three others from West Bengal to Bangladesh in June and directed that they be repatriated within four weeks.
A division bench of Justice Tapabrata Chakraborty and Justice Reetobroto Kumar Mitra held that the deportation was illegal and rejected the Centre's plea seeking to defer the order.
The Supreme Court had earlier directed the High Court to hear Sunali Khatun's case on priority as she is pregnant. The high court also rejected the central government's appeal to grant a temporary stay on Friday's order.
In a strongly worded order, the court observed, "Law cannot be disjuncted from context. The fundamental rights cannot be read as dull lifeless words." It also noted that "if officials exercise their public authority in an arbitrary whimsical manner, the same would bring such an act within the scope of prohibition of the equity clause." The HC observed that "the details of the said persons were not forwarded to the state of West Bengal of which they are the residents." The bench passed the order in connection with a habeas corpus petition filed by Bhodu Sheikh, father of Sunali.
Chairman of West Bengal Migrant Welfare Board and Trinamool Rajya Sabha MP Samirul Islam, said, "Sunali, who is a pregnant lady, and five others, including Sweety Bibi, were migrant workers. They and their parents have been working in Delhi for decades. They are from Birbhum's Murarai constituency and without any proper verifications, they were deported to Bangladesh by Delhi Police. Following instructions by chief minister Mamata Banerjee, we stood by the family and we took the legal path." Thanking the West Bengal CM and MP Samirul Islam, father of Sunali, Sheikh, said that he was finally relieved. He said, "Sunali Khatun, her husband and son were arrested from Delhi and Delhi Police has made a gross mistake by sending them to Bangladesh."
Trinamool's national general secretary Abhishek Banerjee said on X, "Today, the Calcutta High Court has also passed an order that the FRRO deportation of a pregnant woman from Birbhum, Sunali Bibi, along with five others, was invalid. The court has ordered their repatriation within four weeks. They are arresting and detaining people just for speaking in Bengali. On Vidyasagar's birth anniversary, along with the slap that the High Court has delivered today, they must apologise first, Banerjee said. "The Hon'ble Calcutta High Court has held the FRRO (Delhi) detention and deportation order unlawful and directed the immediate repatriation of six people, including the pregnant woman from BIRBHUM, who were labelled "BANGLADESHI MIGRANTS" and expelled," The Trinamool MP further posted on X.
West Bengal chief minister has been voicing discontent and protesting against atrocities on Bengali speaking migrant workers and their deportation issue as well.
A division bench of Justice Tapabrata Chakraborty and Justice Reetobroto Kumar Mitra held that the deportation was illegal and rejected the Centre's plea seeking to defer the order.
The Supreme Court had earlier directed the High Court to hear Sunali Khatun's case on priority as she is pregnant. The high court also rejected the central government's appeal to grant a temporary stay on Friday's order.
In a strongly worded order, the court observed, "Law cannot be disjuncted from context. The fundamental rights cannot be read as dull lifeless words." It also noted that "if officials exercise their public authority in an arbitrary whimsical manner, the same would bring such an act within the scope of prohibition of the equity clause." The HC observed that "the details of the said persons were not forwarded to the state of West Bengal of which they are the residents." The bench passed the order in connection with a habeas corpus petition filed by Bhodu Sheikh, father of Sunali.
Chairman of West Bengal Migrant Welfare Board and Trinamool Rajya Sabha MP Samirul Islam, said, "Sunali, who is a pregnant lady, and five others, including Sweety Bibi, were migrant workers. They and their parents have been working in Delhi for decades. They are from Birbhum's Murarai constituency and without any proper verifications, they were deported to Bangladesh by Delhi Police. Following instructions by chief minister Mamata Banerjee, we stood by the family and we took the legal path." Thanking the West Bengal CM and MP Samirul Islam, father of Sunali, Sheikh, said that he was finally relieved. He said, "Sunali Khatun, her husband and son were arrested from Delhi and Delhi Police has made a gross mistake by sending them to Bangladesh."
Trinamool's national general secretary Abhishek Banerjee said on X, "Today, the Calcutta High Court has also passed an order that the FRRO deportation of a pregnant woman from Birbhum, Sunali Bibi, along with five others, was invalid. The court has ordered their repatriation within four weeks. They are arresting and detaining people just for speaking in Bengali. On Vidyasagar's birth anniversary, along with the slap that the High Court has delivered today, they must apologise first, Banerjee said. "The Hon'ble Calcutta High Court has held the FRRO (Delhi) detention and deportation order unlawful and directed the immediate repatriation of six people, including the pregnant woman from BIRBHUM, who were labelled "BANGLADESHI MIGRANTS" and expelled," The Trinamool MP further posted on X.
West Bengal chief minister has been voicing discontent and protesting against atrocities on Bengali speaking migrant workers and their deportation issue as well.
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