West Bengal’s detention raids on alleged Bangladeshi migrants face legal and constitutional criticism

In late August, Asarul Sheikh was stopped near his home in Murshidabad and taken to the Lalgola detention centre after police accused him of being a Bangladeshi, despite his recent inclusion on West Bengal’s revised electoral roll. Similar midnight raids since June have resulted in the arrest of at least nine Muslim men and two children, none of whom received formal complaints, FIRs, or an opportunity to prove citizenship.

The state’s “detect, delete, deport” policy, launched after the BJP assumed power, mirrors Assam’s contested foreigners-tribunal system but gives police the authority to act as judge, jury and executor without judicial oversight. Legal scholars argue the May 2 2025 Union Home Ministry notification, which orders detention of suspected undocumented migrants, violates constitutional protections and has been challenged in the Supreme Court.

Calcutta High Court judges have asked police to justify specific arrests, such as that of 39-year-old Sahidul Sheikh, warning of potential human-rights violations. Advocates contend the procedure allows arbitrary identification and deportation, undermining due process and constitutional rights.