India: Madras HC quashes detention order against Bangladeshi

Chennai, Aug 14 (PTI): The Madras High Court has come to the rescue of a Bangladeshi national from being deported to that country by quashing an order dated April 12, 2021.

The court was allowing a writ petition from Ruma Sarkar seeking to quash the order of the Secretary (FAC), Public (Foreigners) Department, detaining her husband Sushil Sarkar and confining him to a special camp for foreigners on the premises of the Central prison in Tiruchirappalli, Tamil Nadu.

"In view of the amendment in the Foreigners Act (1946), the Citizenship Act (1955) and the Passports Act (1967) and looking at a government order, this court finds that the detenu, belonging to a Hindu minority from Bangladesh, cannot be deported," Justice M Nirmal Kumar said in a recent order.

Having given general amnesty to any person who is a Hindu, Sikh, Buddhist, Jain, Parsi or Christian from Afghanistan, Bangladesh or Pakistan, who entered into India on or before December 31, 2014, and now being detained by invoking Section 3(2)(e) of the Foreigners Act, 1946, cannot be sustained, said the judge.

In view of this, the detention of Sushil Sarkar is quashed, the judge said adding that the detenu is to be released unless he is needed and detained in any other case.