The Calcutta High Court, sitting as a vacation bench, has restrained the authorities from deporting a man to Bangladesh after he was detained on suspicion of being a foreign national while travelling to the neighbouring country with a valid Indian passport and a Bangladeshi visa, Live Law reported on Friday. The man, identified as Mainul Hoque Khan, had been picked up along with his wife by the authorities.

Source: Live Law

The interim order was passed in a habeas corpus petition filed by Khan's sister, who challenged his detention and apprehended his deportation. The court restrained the respondent authorities from deporting the detainee without undertaking legal proceedings against him until December 24 or further orders, and the matter will be considered by the regular bench on the next date of hearing.

Source: Live Law

The court also directed the respondent authorities to file a detailed report before the regular bench explaining the circumstances that led to Khan's arrest, Jurisight reported. It noted that Khan held a valid Indian passport and a visa for the destination country, which formed a key part of the factual background for granting interim relief.

Source: Jurisight

The order adds to a series of recent Calcutta High Court interventions in cases where Bengali-speaking people were detained as suspected Bangladeshi nationals; in October the court questioned a detention of nearly two months and stressed that nationality must be established through due process and relevant material before any deportation.