THE CALCUTTA High Court on Friday sought a detailed report from the Union Home Ministry regarding allegations that migrant workers from West Bengal were detained in Delhi and sent to Bangladesh.
“Have workers belonging to West Bengal been detained from Delhi and sent to Bangladesh?,” the court asked and instructed Chief Secretary Manoj Pant to liaise with his Delhi counterpart and submit a comprehensive report on the matter.
“We direct the Chief Secretary, government of West Bengal, to coordinate with the Chief Secretary of National Capital Territory of Delhi being the respondent no. 2. List the matter for further consideration under the heading ‘To Be Mentioned’ in the daily supplementary list of this Court on July 16 as fixed at 12.00 noon,” the court said.
The petitioners, who are relatives of those allegedly detained, also sought direction to the authorities concerned for their release and production before the court. It was claimed in the two petitions that Sweety Bibi, Kurban Sheikh, their minor son, Sunali Khatun, Danish and his minor grandson have been illegally detained in New Delhi.
A division bench of Justices Tapabrata Chakraborty and Reetobroto Kumar Mitra in its order observed, “This Court has the power to issue writs including habeas corpus under Article 226 of the Constitution of India, which allows it to address violations of fundamental rights, even if the detention occurred in another State. In view of the nature of allegations made, prima facie, we are of the opinion that the writ petition is maintainable and this Court cannot be a silent spectator.”
“However, before issuance of any Rule in terms of the prayers upon the officials of Delhi Administration at this stage, we would grant an opportunity to them and the other respondents to furnish instructions and place before this Court all relevant documents in answer to the following queries…,” the order said.
The Court has directed the authorities to submit detailed information regarding Sweety and Danish’s families, whether they had been detained or are missing?
“If detained, whether such detention is in connection with any Court’s order? If detained, what are the grounds towards such detention? Whether Sweety and Kurban had been detained upon informing them of the specific grounds for their arrest? Whether the such arrest is related to any investigation being conducted by the Delhi police authorities or the officials of the State? Whether there has been any correspondence between the authorities of the state of West Bengal and the officials of Delhi Administration? Such instructions and documents shall be placed by the respondents before this Court on the returnable date. For compliance of the order and for placement of all necessary instructions and documents before this Court,” said the order.
The matter will be heard again on Wednesday.
Earlier, the same bench had asked the Odisha government to submit answers to same queries regarding migrant workers detained in Odisha.
A habeas corpus case was filed in the Calcutta High Court in connection with the detainment of six workers of two families, who are residents of Birbhum district. On behalf of the family, the lawyer said the workers went to Delhi as a source of work. But they are not being contacted anymore.
The family members had appealed to the court for trace those migrant labourers soon.
According to family sources, on June 18, six people were detained by the Rohini police in Delhi and taken to the N Katju police station. The detainees promptly informed their families that they were being held on suspicion of being Bangladeshi nationals and the family members rushed to Delhi to secure their release. However, upon arrival, they were told by the N Katju police station that the detainees had been handed over to the BSF for deportation to Bangladesh, but the family couldn’t get further details. Seeking clarity, the families approached the Calcutta High Court.