Also by Avantika Basu

“It took me one year to prove my identity,” said Awal Sheikh after being released from a foreigners’ detention camp on Monday. “A whole year got wasted because of a misunderstanding,” he said, still trying to account for the time that slipped past him.

A 25-year-old mason from Topidanga village in Bhagabangola II block in  Murshidabad district, Sheikh had left for Tamil Nadu in March last year in search of work. However, on April 2, his journey turned into something far more distressing. He was picked up by police in the Bhuvanagiri area of Cuddalore district along with seven other workers.

“At the time, I didn’t even understand what was happening or why I was taken into custody. It was only later that the charge became clear. They told us we were illegal Bangladeshi immigrants,” Sheikh said.

What followed, he said, was a pressure to confess to an identity he insists was never his.

“I didn’t know the people I was working with were from Bangladesh. How would I? People come from different places to work,” he said.

“They were forcing me to admit my identity as a Bangladeshi. But how can I say that when I’m an Indian?” Sheikh said.

Booked under the Foreigners Act and The Passports Act, Sheikh was first sent to Parangipettai Sub Jail in Tamil Nadu. Even after securing bail on June 5, he was transferred to a foreigners’ detention camp in Tiruchirappalli as legal proceedings continued.

Back in Murshidabad, his family, too, bore the brunt of uncertainty.

Sharing their ordeal, Sheikh said how his father, despite being unwell, had to run from pillar to post, submitting documents, spending over Rs 1 lakh on legal fees and trying to navigate a system he barely understood.

“I am the sole earner of my family. My abba (father) had to somehow manage everything despite not being well,” Sheikh said.

His case gained momentum when his family reached out to Asif Faruk, state general secretary of the Parijayee Shramik Aikya Mancha’s (West Bengal-based Migrant Workers’ Unity Forum).

“We contacted the police, tried helplines, and reached out to the local MLA, who did nothing to help us despite our repeated visits. Then we informed the villagers and reached out to Faruk, who has been with us 24×7. We are thankful to those who stood by us,” his wife Shajima Khatun said.

“By the time his family contacted us, Sheikh had already spent months in jail,” Faruk said. “They did not know what documents were required or how to proceed legally,” he added.

With support from the organisation, Sheikh’s case was pursued more systematically. His lawyer, Ambruse L, moved the Madras High Court, submitting documents to establish his Indian citizenship and seeking to quash the case.

According to Ambruse, Sheikh’s arrest stemmed from a police operation in Cuddalore district.

“The police were informed of a group of eight Bangladeshi men working as construction workers. Among them, seven were actually from Bangladesh and were carrying fake passports and Aadhaar cards,” Ambruse said.

However, Sheikh maintained he was an Indian. “He claimed to be Indian, so I told him not to plead guilty. We decided to fight the case,” Ambruse said.

Despite securing bail, Sheikh was not released due to charges under the Foreigners Act.

“Even after bail, he was kept in a separate foreigners’ camp. Then we filed a habeas corpus petition for the unlawful detention of an Indian, but the court did not accept it, citing a government order,” Ambruse said.

“Thereafter, his birth certificate and Aadhaar card were verified at the village administrative office. Everything was verified in Murshidabad and sent to the Ministry of Home Affairs. It was confirmed that he is an Indian citizen,” Ambruse said, adding, “This was a case of mistaken arrest.”

Recalling the support that the family received during the phase, Sheikh’s mother said, “Faruk and Sharabar (another member of the migrants’ forum) extended continuous support to the family during the crisis. He had even come home during Eid and gave me some money. My son has finally been released.”

(Avantika Basu and Jigisha Seal work as interns with The Indian Express, Kolkata)