In a significant ruling on Friday, September 26, the Calcutta High Court struck down the deportation of a Bengali family who had been sent to Bangladesh and ordered their immediate repatriation to India. The division bench, comprising Justices Reetobroto Kumar Mitra and Tapabrata Chakraborty, observed that the deportation was carried out in haste and without adequate consideration of constitutional safeguards. The court emphasized that the decision to remove the family across the border was not only legally unsound but also violated the principles of justice and due process guaranteed under Indian law.
The family in question includes 24-year-old Sunali Khatun, who is eight months pregnant, her husband Danish Sekh, and their young son. According to the court order, the Union government must take immediate steps to coordinate with the Indian High Commission in Dhaka to facilitate their safe return within four weeks. The bench expressed strong concern over the manner in which the authorities acted, noting that the vulnerable condition of a heavily pregnant woman and a minor child was overlooked. The judges further highlighted that the deportation undermined human rights protections and risked causing irreparable harm to the family.
This case has drawn widespread attention as it raises pressing questions about the rights of citizens and the responsibilities of the state in handling sensitive matters of migration and deportation. Legal experts have welcomed the ruling as a reminder that administrative efficiency cannot override fundamental rights. Civil society groups in Bengal have also hailed the decision, pointing out that the judgment reaffirms India’s commitment to humanitarian values and constitutional principles. The order is expected to set a precedent in ensuring that deportation procedures are subject to strict judicial scrutiny in the future.