HC rejects Bangladesh couple’s CAA claim, junks bail plea

KOLKATA: The issue of the US deporting illegal immigrants, including Indians, came up for discussion in the Calcutta High Court on Monday as the court turned down the bail applications of a Bangladeshi couple, now behind bars, accused of entering India with fake passports.

A division bench of Justice Debangsu Basak and Justice Md Shabbar Rashidi was hearing a plea by Dulal Sil and his wife, Swapna Sil, who moved the high court praying for bail. They submitted that they came from Bangladesh in 2010 and settled in East Burdwan. They said they were arrested 13 months ago and sent to judicial custody.

Pointing to the recent deportations from the US to India, Justice Basak said, "Don't you see that people who illegally moved to the US are being returned to India? I would ask you to provide the documents of citizenship to the court. I can grant you bail only then."

Counsel for the petitioners submitted that his clients obtained genuine Aadhar cards, voter cards and ration cards from appropriate authorities. "We have also got a dwelling unit under Prime Minister Awas Yojana," the counsel said. The HC was taken aback by the submission.

"Those who have come from Bangladesh to India do have Aadhar, voter and ration cards of India. I don't know if you are filing income tax returns, but many Bangladeshis do so after coming to India. Those who have come to India faking Bangladeshi passports have all such documents," Justice Basak said.

Counsel for the petitioners submitted that documents of citizenship were not being given to the couple. Claiming that the petitioners were genuine Indian citizens, the counsel opposed the charge that the petitioners entered India with fake passports.

The counsel pleaded that as the petitioners were Hindus and entered India in 2010 before Dec 31, 2014-the deadline set under the Citizenship Amendment Act-the petitioners would not come under the provisions of the Foreigners Act.

The division bench, however, didn't buy the argument and turned down the bail applications of the petitioners.

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