A prominent human rights organization has filed a formal complaint with the National Human Rights Commission of India and senior police authorities in West Bengal and Chhattisgarh, alleging the arbitrary detention of twenty-three Bengali-speaking migrant workers under immigration laws. The complaint, submitted on September 18, 2026, by Banglar Manabadhikar Suraksha Mancha (MASUM) and the Programme Against Custodial Torture and Impunity (PACTI), raises serious concerns about the alleged profiling of marginalized Muslim communities and the use of language, poverty, and geographic origin as proxies for determining foreign nationality.
The controversy centers on an incident that occurred on the night of August 8, 2026, when police personnel attached to the Sirgitti Police Station in Bilaspur District, Chhattisgarh, apprehended a group of utensil hawkers. According to the complaint filed by MASUM Secretary Kirity Roy, the twenty-three individuals were residents of the Suti area in Murshidabad District, West Bengal, who had migrated to Chhattisgarh for their livelihood and were residing in accommodation provided by local residents in Chuchayapara, Ganeshnagar. The rights group alleges that the police initially instructed the group to appear at the police station with their identity and citizenship documents. Upon voluntarily complying with this directive, the individuals were reportedly taken into custody rather than merely having their documents verified.
The detention was subsequently carried out by invoking provisions of the Immigration and Foreigners Act, 2025, which came into force on September 1, 2025, and defines a foreigner as a person who is not a citizen of India. MASUM has questioned the lawful basis for treating these individuals as foreigners, emphasizing that a police officer cannot convert mere suspicion regarding nationality into a conclusive declaration without lawful verification and procedural safeguards. The complaint warns that removing Indian citizens from the country based on unverified police conclusions raises grave constitutional questions under Articles 14, 21, and 22 of the Constitution of India, which guarantee equality before the law, protection of life and personal liberty, and safeguards against arbitrary arrest.
To investigate the circumstances surrounding these detentions, representatives of MASUM, alongside academic and freelance collaborators, recently conducted field visits to Suti, Nimtita, Chhabghati, and Aurangabad in West Bengal. During these visits, the team interacted with local residents, family members of the detained individuals, elected representatives, and local police personnel. The information gathered during these interactions reportedly indicates that a significant number of those affected by such identification and detention campaigns belong to economically and socially marginalized Muslim communities. The rights group asserts that this pattern creates a dangerous precedent where poverty, the Bengali language, and religious identity are weaponized to suspect foreign nationality, a practice they argue is fundamentally incompatible with constitutional guarantees.
While MASUM recently learned that nineteen of the twenty-three detained individuals are slated for release, the organization is demanding the immediate and unconditional release of all twenty-three Indian citizens. The complaint outlines a comprehensive set of demands directed at the competent authorities, including an immediate and independent verification of the detainees’ Aadhaar cards, voter identity documents, birth certificates, ration cards, and permanent residential records. Furthermore, the organization has called for all detainees to be produced before a competent judicial authority without delay, with full legal assistance provided, and for their families to be given complete transparency regarding the grounds of arrest, the specific FIR or case numbers, the statutory provisions invoked, and any proposed deportation proceedings.
In addition to securing the detainees' release, the complaint seeks an independent inquiry into the conduct of the officers at the Sirgitti Police Station, specifically examining the circumstances under which the individuals were summoned with their documents and subsequently arrested. MASUM has urged authorities to preserve and examine all relevant CCTV footage, station diary entries, arrest memos, interrogation records, and communications between the local police and immigration authorities. The group also emphasized the need for enhanced protection for minors and elderly persons among the detained, stipulating that no child should be dealt with contrary to applicable child-protection laws. Should the investigation establish wrongful arrest or detention, the organization is seeking appropriate compensation and accountability, including financial recovery from the responsible officials.
The complaint concludes by framing the incident not as an isolated police matter, but as a central constitutional question regarding whether economically vulnerable Indian citizens can be deprived of their liberty and potentially removed from the country based merely on police suspicion. MASUM has urged constitutional and judicial authorities to examine whether the implementation of the Immigration and Foreigners Act, 2025, and related executive orders are consistent with fundamental rights, warning that any administrative practice permitting the deprivation of citizenship-related rights without adequate procedural safeguards must be subjected to rigorous judicial scrutiny. The organization has requested a written report on the actions taken in this matter and has enclosed a list of the detained individuals along with copies of their available identity documents for verification.
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