S.H. Iyer
A division bench of the Gujarat High Court comprising Chief Justice Mr. S.J. Mukhopadhaya and Mr. Justice Anant S. Dave, after preliminary hearing of a Public Interest Litigation filed by Shri Rajesh P. Mankad of Jan Sangharsh Manch challenging illegal arrest, detention and deportation of the hutment dwellers near Chandola lake of Ahmedabad city by the Special Operation Group (SOG) of Crime Branch on the ground of their being `Bangladeshi' nationals, directed the Government to file detailed affidavit on or before 8-2-2010. Division bench also framed the following the questions (1) When and why did the police arrest and detain the persons in question (2) Whether the Sessions Court or any other competent authority has passed any order of remand against the persons in question? (3) Whether the persons deported have been declared as Foreign Nationals by the competent tribunal under the Foreigners Act?
The petitioner Jan Sangharsh Manch had stated in their petition that on 23-4-2009 the SOG had arrested and detained several persons including men, women and children who were residing in hutments near Chandola lake of Ahmedabad city on the ground that they were citizens of Bangladesh . Out of 75 persons arrested, 27 were `deported' to Bangladesh on 25-11-2009 and 20 were `deported' on 10-1-2010. It was contended by the petitioner that all the persons arrested, detained and deported to Bangladesh are the citizens of India and that the police have handed over Indian citizens to a foreign country without any authority and sanction of law and without following the procedure prescribed by the Foreigners Act and therefore, the action on the part of the police was violative of Article 21 of the Constitution of India. Further hearing of the case is fixed on 8-2-2010.
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