No arrests made, Odisha AG tells HC on ‘illegal detention'
Odisha sought four weeks to file detailed report.
The two migrants have now returned but demand compensation from the neighbouring state's govt for the "illegal detentions".
Kalyan Banerjee, representing Bengal govt, submitted that the two persons were detained on June 30 during an identity verification drive and released on July 4, immediately after orders were passed by the HC seeking information on them.
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Odisha advocate general Pitambar Acharya said: "There has been no arrest.
Law engrafted in the Foreigners Act 1946 authorises the civil authority to do certain things in terms of suspected persons whose citizenship is in doubt. A number of immigrants from various parts of the country were found, and the ground of suspicion was strictly in conformity with section 3 of the Foreigners Act." He added: "It was a lawful verification of the documents.
It's a frivolous petition. I will file a detailed affidavit in four weeks."
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Banerjee pointed out that 400 Bengalis were detained in Odisha, saying: "Only in the case of Bengali, you will say they are foreigners." Acharya responded: "I request you to not create such confusion. Bengalis are our neighbours; they are our brothers and sisters. Most Odiya people are very fond of Bengalis. We incidentally have a Bengali CJ now. We are not opposing you."
"Please come to Puri, Mr Banerjee, I am inviting you.
See how many Bengalis are there," he added.
Banerjee wanted a figure from Odisha govt on the number of Bengalis detained, but Acharya stressed that the habeas corpus matter pertained to only certain people who had approached the court.
"It's not a question of Odisha govt and Bengal govt... Let's not fight on small issues," the Odisha AG said, to which Banerjee replied: "These are very big issues, Mr AG. It has become a national issue."
The division bench of justices Tapabrata Chakraborty and Reetobroto Kumar Mitra directed the Odisha AG to file a detailed affidavit by Aug 20 and a reply in opposition by Aug 27. The matter will be heard again on Aug 29.
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