Calcutta High Court Allows Migrant Worker's Family To Prove Citizenship After Detention Over 'Illegal Bangladeshi' Suspicion

The Calcutta High Court has allowed the parties in a petition concerning the citizenship of a migrant worker's family to file affidavits, granting them an opportunity to place their respective cases on record.

The migrant worker, whose name was deleted during the SIR process with an appeal pending before the Appellate Tribunal, was picked up by Mumbai police under suspicion of being an 'illegal Bangladeshi' in July.

Her husband then moved the Calcutta High Court, pleading for an opportunity to produce all documents, including original electoral rolls, to prove that they were Indian nationals.

A Division Bench of Justice Debangsu Basak and Justice Aryak Dutt was hearing a writ petition filed by Jumman Fakir, the husband of the detenue, against the Union of India and other authorities.

In his petition, Fakir alleged that his wife had been picked up in Mumbai when she stepped out to buy groceries, and that she had allegedly been subsequently "pushed" into Bangladesh by the Indian authorities.

In its order dated October 14, the Court observed that, considering the facts of the case, it would be appropriate to allow the parties an opportunity to file affidavits.

“ In the facts of the present case, it would be appropriate to permit the parties one opportunity to use affidavits,” the Court observed.

The Bench directed the respondents to file their affidavit-in-opposition by November 20, 2026. The petitioner may file a reply, if any, by November 25, 2026.

The matter has been listed for further hearing on November 26, 2026.