The Calcutta High Court on Thursday questioned the continued detention for nearly two months of a man suspected to be a Bangladeshi national, asking whether everyone who crossed the border in the 1970s could be sent back and stressing that a person cannot be detained without following due process.

Justice Saugata Bhattacharyya was hearing the matter, with Additional Advocate General Rajdeep Majumdar appearing for the State.

“In 1970s, how many crossed the border? Is it possible to send all of them back? Go to bordering districts…is it possible? Unless you follow due process how can a person be detained?” the Court asked during the hearing.

The Court specifically questioned the period of the man's detention, asking, “From 8th August?” as it examined his continued custody for around two months.

The Court was also concerned with the material relied upon to pass a deportation order against the man. It noted that the order appeared to have been passed on the basis of statements made by some family members.

“Does family member statement prove he is Bangladeshi?” the Court asked.

The Court further observed that before deporting a person, the authorities would have to consider the relevant material establishing his nationality.

The AAG submitted that if documents such as PAN or Aadhaar had been obtained using forged documents, that itself could constitute a ground for deportation.

During the hearing, the Court was informed that a deportation order had been passed by the Foreigners Regional Registration Officer (FRRO) after the Court had already passed an order in the matter and while the proceedings were pending.

The Court observed that the deportation order had subsequently been passed during the pendency of the proceedings.

When the AAG requested that the petitioner be directed to approach the FRRO, the Court declined, noting that the police had detained the man and that the detention memo had been issued by the police authorities.

The writ petition was thereafter released and directed to be placed before the appropriate Bench having jurisdiction over matters concerning the Special Intensive Revision (SIR). The matter is to be placed before Justice Krishna Rao on October 14.