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Bangladesh Court Orders Return of Six Indian Citizens Wrongfully Detained
A Bangladesh court has ruled that six Indian nationals,including a pregnant woman,were illegally pushed into Bangladesh by Indian authorities and must be repatriated. The ruling, delivered on September 30 by a magistrate in Chapainawabganj district, follows a similar order from the High Court of Calcutta on September 26 demanding the Indian government secure their return.
The case centers around Sunali Khatun, eight months pregnant, her husband Danish sheikh, their son Sabir Sheikh, and another couple, Sweety Bibi and Kurban Sheikh, along wiht their son Imam Dewan.The six, all from West Bengal’s Birbhum district, were apprehended in Delhi on June 24th on suspicion of being illegal Bangladeshi immigrants due too their Bengali language. They were later pushed across the border on June 26th, acting on orders from the Foreigners Regional Registration Officer (FRRO).
Upon entering Bangladesh, the group was arrested by the Border Guard Bangladesh and jailed under the country’s Control of Entry Act of 1952 for illegal entry. however, the Chapainawabganj court found compelling evidence of their Indian citizenship, specifically their Aadhaar identity cards. “It was evident during the hearing that all the accused persons are Indian citizens,” the court order stated, as cited by Trinamool Congress (TMC) leader Samirul Islam, who has been providing legal assistance to the families.
The court directed that the Indian High Commission in Dhaka be informed and tasked with facilitating the return of the six individuals in accordance with Indian law. This decision considerably bolsters the legal arguments made by the petitioners, according to Islam.
The High Court of Calcutta’s earlier ruling highlighted concerns regarding the process used to detain and deport the individuals. The court referenced the Foreigners Act of 1946, superseded by the Immigration and Foreigners Act of 2025, noting that while the onus is on individuals to prove they are not foreigners, authorities lack the power to arbitrarily declare someone a foreigner.
Furthermore, the court scrutinized a May 2, 2025 memo from the Union home ministry outlining procedures for suspected Bangladeshi and Myanmar nationals claiming Indian citizenship. The memo mandates that authorities verify such claims with the relevant state or Union Territory within 30 days – a step that was not taken in this case.
While acknowledging that Aadhaar cards, PAN cards, and Voter ID cards are not conclusive proof of citizenship, the High Court emphasized that the home ministry’s memo specifically applies to individuals from Bangladesh and Myanmar. “Thus, if we take the worst-case scenario of the detainees, that they were not Indian citizens, the steps and procedures laid down in the (home ministry) memo ought to have been followed by the concerned authorities,” the court stated.
The High Court also raised serious questions about the Delhi police inquiry, noting that pressuring suspects for answers in a police station habitat can violate Article 20(3) of the Constitution, which protects against self-incrimination. “A police officer is clearly a person in authority,” the order read, “Insistence on answering is a form of pressure…Frequent threats of prosecution…may take on the complexion of undue pressure.”
This case underscores the critical need for due process and adherence to established legal protocols when dealing with questions of citizenship and deportation, particularly for vulnerable populations like migrant workers and pregnant women.The swift action by the Bangladesh court and the scrutiny from the Indian High Court represent a crucial step towards ensurin
