Human rights organisation Banglar Manabadhikar Suraksha Mancha (MASUM) has submitted a complaint to the Chief Justice of the Calcutta High Court alleging the illegal arrest, arbitrary detention, and denial of constitutional safeguards to a woman from North 24 Parganas who the organisation says is an Indian citizen.
According to the complaint filed by MASUM Secretary Kirity Roy, Sahida Fakir, a resident of Swarupdaha village in Swarupnagar block of North 24 Parganas district, was detained by police on July 19, 2026, while on her way to a local market. The complaint alleges that police and Criminal Investigation Department (CID) officials identified her as a "Bangladeshi" and confined her in a facility where suspected undocumented migrants were being held.
The complaint states that Fakir and her husband migrated to Mumbai around two decades ago in search of work, where she is employed as a domestic worker and her husband works cleaning cars.
MASUM claims that Fakir possesses several government-issued documents establishing her identity and citizenship, including an Electoral Photo Identity Card (EPIC), a Permanent Account Number (PAN), a registered birth certificate, and land records. The complaint also refers to the names of her parents appearing in the 2002 electoral roll of the Swarupnagar Assembly constituency and cites her father's registered death certificate.
According to the petition, Fakir had remained in custody for nearly 90 hours without being produced before a judicial magistrate. The organisation alleges that she was not informed of the grounds for her arrest, denied access to legal counsel, and prevented from communicating with her family.
The complaint argues that these actions violate Articles 21 and 22 of the Constitution of India, which guarantee protection of personal liberty and require that an arrested person be produced before a magistrate within 24 hours. It also alleges violations of provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and cites Supreme Court judgments including DK Basu v. State of West Bengal (1997), Joginder Kumar v. State of Uttar Pradesh (1994), and Arnesh Kumar v. State of Bihar (2014) concerning safeguards against unlawful arrest and detention.
The petition further contends that executive authorities cannot determine an individual's citizenship solely on suspicion and argues that such questions must be decided through legal procedures under the Citizenship Act, 1955, the Foreigners Act, 1946, and applicable judicial processes.
In its representation to the High Court, MASUM has requested:
Immediate production of Sahida Fakir before the appropriate judicial magistrate and her release if no lawful basis for detention exists.
- An independent and time-bound investigation into the conduct of the police and CID officials involved.
- Preservation of CCTV footage, arrest records, station diaries, detention registers, and other relevant records.
- Departmental and criminal action against officials found responsible for any unlawful detention.
- Financial compensation for the alleged violation of Fakir's fundamental rights and personal liberty.
- Directions to the State Government to establish safeguards against the identification or detention of Indian citizens as foreign nationals without due legal process.
The complaint describes the alleged detention as a serious violation of constitutional protections and due process and urges the High Court to intervene urgently.
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