Rights body urges Centre to bring back Indian woman allegedly expelled to Bangladesh

By A Representative 

The rights body Banglar Manabadhikar Suraksha Mancha (MASUM) has urged the Union and West Bengal governments to immediately intervene for the rescue and repatriation of an Indian woman allegedly expelled to Bangladesh after what it described as an illegal arrest, arbitrary detention and unlawful deportation by officials of the Maharashtra Police, CID and the Border Security Force (BSF). 

In a representation dated July 29, MASUM Secretary Kirity Roy addressed the Foreign Secretary, the Union Home Secretary and the Chief Secretary of West Bengal, seeking urgent diplomatic and administrative intervention for the return of Sahida Fakir, wife of Zumman Fakir. According to the petition, she is a permanent resident of Village Swarupdaha under Bithari Hakimpur Gram Panchayat in Swarupnagar police station area of North 24 Parganas district, West Bengal. The petition states that about two decades ago, the couple migrated to Mumbai in search of work, where Sahida worked as a domestic worker and her husband as a car cleaner.

Roy's representation states that Sahida Fakir was born to Amunuddin Gazi and Majida Bibi of Gobindapur village in North 24 Parganas and possesses multiple official documents establishing her Indian nationality, including a registered birth certificate, an Electoral Photo Identity Card (EPIC), a Permanent Account Number (PAN) card and government land records showing ownership of immovable property in her name. It also states that although her name was omitted from the latest electoral roll, her application challenging the exclusion is pending before the competent authority.

According to the petition, Fakir was intercepted by plainclothes personnel identifying themselves as police while she was on her way to a market in Mumbai on the evening of July 19. The representation says she had purchased six rotis, vegetables and a pillow and had left her 10-year-old son at home. It alleges that her mobile phone, Aadhaar card and food were taken without any receipt before she was confined with persons suspected of being "illegal foreigners".

The petition alleges that despite documentary evidence of her Indian nationality, she was branded a "Bangladeshi" without any inquiry or judicial determination. It claims she was detained for more than 100 hours without being produced before a magistrate, informed of the grounds of arrest, allowed access to legal representation or permitted to communicate with her family.

According to Roy's representation, after about five days in custody, Fakir was handed over to the BSF and taken to a defence airport before being flown to what she believed was either Assam or Tripura. The petition states that after landing, around 20 detainees were placed on a bus that travelled for seven to eight hours before reaching an international border late at night. It alleges that the detainees were then forcibly pushed across the border into Bangladesh without any court order or deportation proceedings.

The representation claims that Sahida Fakir ultimately found herself in Feni district of Bangladesh. It further states that after wandering without resources or assistance, she received temporary humanitarian shelter from Md. Abul Bachar, a resident of Vadlia village under Kalaroa police station in Satkhira district, Bangladesh.

Roy also called for an independent investigation into allegations that CID personnel demanded illegal gratification ranging from ₹1.5 lakh to ₹2 lakh from detainees in exchange for securing their release. He sought criminal prosecution and departmental proceedings against Maharashtra Police, CID and BSF officials found responsible for the alleged illegal arrest, detention, extortion and expulsion.

This was Roy's second representation seeking justice to Shahida in less than a week. The  the first one, dated July 23, was addressed to the Chief Justice of the Calcutta High Court. 

"The continued abandonment of an Indian citizen in a foreign country despite overwhelming documentary proof of her Indian nationality would constitute a profound failure of constitutional governance. I, therefore, earnestly request your immediate intervention so that Ms. Sahida Fakir is restored to the protection of her own country and those responsible for this grave illegality are held accountable in accordance with law," Roy said in the representation.

The petition requests the authorities to locate Fakir through diplomatic and administrative channels, ensure her safe repatriation to India, preserve all records related to the incident, order a high-level independent inquiry, prosecute officials found responsible, compensate the victim for the alleged violations of her constitutional rights, and frame standard operating procedures to prevent arbitrary detention or deportation of Indian citizens in the future.