Woman held as ‘Bangladeshi’ despite voter ID, PAN card in Bengal

Fakir was held for at least 90 hours without being produced before a judicial magistrate, a complaint read.

Kolkata: A Muslim woman from West Bengal was allegedly detained after police and Criminal Investigation Department (CID) officials branded her as an illegal Bangladeshi despite possessing multiple government records and identification documents proving her Indian citizenship.

Human rights organisation Banglar Manabadhikar Suraksha Mancha (MASUM) moved the Calcutta High Court, seeking urgent intervention, alleging that the woman identified as Sahida Fakir was arbitrarily detained and illegally arrested after being unlawfully branded as a Bangladeshi.

Kirity Roy, MASUM Secretary and National Convenor of the Programme Against Custodial Torture & Impunity (PACTI), in a complaint to the Chief Justice of the High Court, claimed that the police and CID had violated due process and Fakir’s constitutional safeguards.

A resident of Swarupdah village in North 24 Parganas district’s Bithari Hakimpur Gram Panchayat, Fakir was allegedly stopped by the police on July 19 while on her way to the market. According to the complaint, she was taken by force to a place where persons accused of being “illegal foreigners” were detained. Before formal investigation, due process, or judicial ruling, the complaint alleges, Fakir was termed a “Bangladeshi” by the police and CID.

Held for at least 90 hours

MASUM claimed that Fakir was held for at least 90 hours without being produced before a judicial magistrate. While she was arrested without being given any reason, she was also denied access to legal counsel and communication with her family members.

Such prolonged detention clearly violates Articles 21 and 22 of the Constitution, which mandate presenting an arrested individual before a magistrate within 24 hours, wrote MASUM in the complaint. It also said the actions violated Sections 47 (communication of grounds of arrest) and 48 (obligates police to immediately inform a relative about the arrest and place of detention) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, along with other relevant provisions regarding arrest and presentation before the magistrate.

The complaint also pointed out that these actions violate Supreme Court rulings, including DK Basu, Joginder Kumar, and Arnesh Kumar, stating that every arrest must be legal, necessary, transparent, and monitored by a court.

MASUM contended that police officials do not possess the authority to unilaterally determine if a person is a foreign national without due process. It said that citizenship questions can only be decided via procedures provided under the Citizenship Act, 1955, the Foreigners Act, 1946, and other prevailing laws under judicial supervision.

“It is not within the executive’s jurisdiction to declare a person a foreign national merely on the basis of suspicion or profiling,” the complaint states, adding that such acts constitute arbitrary, contrary to the rule of law, and an abuse of power.

West Bengal CID say no such person in detention

When Siasat.com contacted West Bengal CID, the officials said no such person by the name of Sahida Fakir was in detention, adding that they were unaware of her arrest.

Documents establishing Fakir as Indian citizen

Fakir had left Bengal for Mumbai nearly 20 years ago in search of a job with her husband, Jumman Fakir. While she worked as a domestic worker, her husband earned by cleaning vehicles.

MASUM provided that Fakir’s parents, Amanuddin Gazi and Majida Bibi, were residents of Gobindapur village in Swarupnagar, North 24 Parganas. Both their names appeared in the 2002 electoral roll of the Swarupnagar Assembly constituency with Serial numbers 514 and 515, proving their Indian national status, the complaint said. Fakir’s birth certificate was also registered in Bengal on October 12, 1995, by the Bithari Hakimpur Gram Panchayat under Registration No. 6382. When her father died in 2019, his death was registered on January 22, 2019, under Registration No. 82041 with the West Bengal government’s Health Department.

Apart from the above documents, Fakir also maintained several government-issued identification documents that establish her as an Indian citizen, said MASUM. Those include her Electoral Photo Identity Card (EPIC), Permanent Account Number (PAN) card, birth certificate, and land ownership records for Mouza Gunrajpur, Swarupnagar Block.

MASUM’s complaint said that these documents are enough to prove Sahida Fakir is an Indian citizen, who is guaranteed all constitutional and legal rights available.

The organisation has requested a prompt, unbiased investigation into the alleged unlawful arrest and power abuse by police and CID officials. They have demanded the preservation of crucial evidence, including closed-circuit television (CCTV) footage, arrest records, station logs, and general diary documentation.

The complaint urged the High Court to intervene without delay, calling it “not merely an administrative irregularity but a grave violation of the constitutional guarantee of personal liberty and an extreme abuse of state power”.