Cal HC asks Centre to place litigation papers about deportation from Delhi HC

The Calcutta High Court on Wednesday, 16 July, directed the Centre to place before it all records regarding litigations before the Delhi High Court over the deportation of a few persons found to be illegally residing in the national capital.

The court also verbally asked the central government's lawyer to "ascertain" whether there is any truth in the allegation that Bengali-speaking people were being questioned over their nationality in different places in the country after the West Bengal government's counsel raised the issue.

However, no order was issued by the court on this matter.

A division bench, presided by justice Tapabrata Chakraborty, took up two habeas corpus petitions, alleging illegal detention of some people from West Bengal.

The court directed the Centre to file an affidavit with regard to the petitioners' averment that they were already deported and that the issue was being litigated before the Delhi High Court.

A habeas corpus petition is a legal remedy seeking direction to produce a person who is missing or has been illegally detained.

Appearing for the Centre, additional solicitor general Asok Kumar Chakrabarti informed the court that a petition was filed before the Delhi High Court seeking their production before it.

He said that after the Delhi High Court was informed that they had been deported on orders of the foreigners regional registration officer, the petitioners withdrew the habeas corpus application and filed a fresh petition there challenging the FRRO orders.

Chakrabarti stated before the division bench that suppressing these facts, the two habeas corpus petitions were moved before the Calcutta High Court and prayed that these be dismissed.

Expressing displeasure at the non-disclosure of these facts by the petitioners, the court asked the Centre to file an affidavit with all records and documents relating to the matter by 28 July.

The petitioners will file a reply to it by 4 August, and the matter will come up for hearing again on 6 August, the court directed.