Trinamool Congress (TMC) MLA Kunal Ghosh has raised legal questions over the West Bengal government's new directive to directly deport illegal Bangladeshi immigrants without producing them before a court. Speaking to reporters on May 23, Ghosh argued that existing legal procedures mandate that detainees must first be produced before a magistrate.
New Deportation Mechanism Announced
West Bengal Chief Minister Suvendu Adhikari announced that illegal migrants detained in the state would be handed directly to the Border Security Force (BSF) for deportation, bypassing the court system. The directive reportedly came into effect on May 20 and was communicated to the state police and the Railway Protection Force.
Legal Concerns Raised
Ghosh stated, "The law is clear. Any person detained cannot be deported without being produced before a court. This cannot be changed verbally or through an administrative order." He urged the state government to follow due process to avoid legal complications.
The TMC MLA's remarks come amid a broader political debate over immigration policy in West Bengal. The state has witnessed a surge in illegal immigration from Bangladesh, with both the central and state governments trading accusations over handling the issue.
Chief Minister Adhikari defended the new measure, stating it would expedite the deportation process and reduce the burden on courts. However, opposition parties have criticized the move as arbitrary and potentially unconstitutional.
Legal experts have also weighed in, noting that while the central government has powers under the Foreigners Act, state governments must adhere to procedural safeguards. The matter is likely to be challenged in court.
