
Cal HC asks Odisha govt to file affidavit in opposition to migrant workers detention claim
The Odisha government strongly denied before the court the contention that they were illegally detained.
The court was informed that the two migrant workers over whom the habeas corpus petition was filed Sainur Islam and Rakibul Islam have already returned to their residences.
Alleging that the two were illegally detained in Odisha, the petitioners' lawyer claimed that they are entitled to compensation.
This contention was disputed by the Advocate General of Odisha.
A division bench presided by Justice Tapabrata Chakraborty directed the Odisha government to file an affidavit in opposition to the contention of the petitioners by August 20.
The petitioners were directed to file their reply to the contention of the Odisha government in its affidavit by August 27.
The court directed that the matter will come up for hearing again on August 29.
Odisha Advocate General Pitambar Acharya, appearing before the court through the virtual mode, submitted that there was no arrest of the persons over whom the habeas corpus petitions were filed.
He stated before the court that the law encrafted in the Foreigners' Act authorises the civil authority to do certain things in respect of the suspected persons whose citizenship is in doubt.
He stated that there was no arrest and that it was a lawful verification of documents as provided in the law, claiming that it was a frivolous petition.
Acharya stated that the Odisha government has already submitted a status report on the matter before the court.
Appearing for the West Bengal government, senior counsel Kalyan Banerjee stated that the opinion about a person's citizenship must be reasonable.
The division bench had on July 10 directed the Odisha government to place before it relevant documents on whether the two had been detained or were missing.
They were directed to answer that if they have been detained, whether such detention was in connection with any court's order and the grounds for that.
The Odisha government was also asked to answer whether there has been any correspondence between the West Bengal and Odisha governments.
After the order was dictated, Banerjee claimed that this was not a simple habeas corpus petition.
Acharya stated that this was not an issue between the state governments of Odisha and West Bengal.
He said that it is not about the citizenship of any of the two states, but of the nation.
When Banerjee claimed that several Bengalis have been detained in Odisha over citizenship issues, Acharya said, "Bengalis are our neighbours and brothers and sisters. Most of the Odia people are very fond of Bengalis."
He said that the current Chief Justice of the Odisha High Court is a Bengali.
"We are not opposed to you, why are you opposing us?" Acharya asked, to which Banerjee said, "We must know how many Bengalis have been detained in this process."
Banerjee further claimed that the alleged targeting of Bengali-speaking migrant workers in some states has become a national issue now.
This article was generated from an automated news agency feed without modifications to text.
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