He made this observation on Thursday during the hearing of a case filed against the detention of a resident of Murshidabad and a proposal to send him to Bangladesh. The person’s lawyer claimed that he has been detained since August 8 because suspicion arose based on statements by several neighbours.

In court, the person’s wife said that she had filed an application against the order to keep her husband detained and send him back to Bangladesh. The Foreigners Regional Registration Office (FRRO) had issued this order. After the hearing, the court stayed enforcement of the deportation order for the time being.

The judge questioned why the person concerned had been detained for two months without being given an opportunity to prove citizenship. According to him, before identifying anyone as a foreigner, it is essential to follow due legal process and verify documents.

However, the state government’s lawyer claimed that the person may have obtained a voter card, Aadhaar and PAN card through forged documents. Later, the case was sent to the Chief Justice of the High Court for hearing by an appropriate bench.

Meanwhile, a debate is ongoing across India over allegations that Bengali-speaking Muslim migrant workers are being detained on suspicion of being Bangladeshi and sent to Bangladesh through the border. In such a situation, this observation by the Calcutta High Court has highlighted the importance of due legal process and verification of evidence in determining citizenship.