HC relief for alleged Bangladesh nationals in deportation case | Cuttack News

CUTTACK: The Orissa high court has invalidated an order asking alleged Bangladeshi nationals to leave India within 30 days as it was issued over 16 years ago and had since not been implemented. The state home department had issued the order on December 28, 2004 after it emergeed that several people from Bangladesh were allegedly living in Mahakalpada block of Kendrapada district.
“Since they are Bangladeshi nationals, they should ‘quit India within 30 days’ from the date of service of the order on them, failing which steps will be taken to deport them from India,” the order had read.
But nothing followed for more than three years. Subsequently, Ajit Baidhya and others filed a petition in high court on February 28, 2008, challenging the order. The matter was not listed till November 28, 2019. Following several adjournments, the matter was taken up on Friday.
The court found that the Union of India, which was a party to the petition, had not filed a reply till date. On its part, the state government had filed a reply on September 5, 2009 seeking to justify the impugned order and disputing the claim of the petitioners that they came to Odisha (then Orissa) in the year 1948 and are permanent residents of Bulakasni village.
But the court found that the state government had not taken any step to give effect to the December 28, 2004 order, although 16 years had passed since then.
The division bench of Chief Justice S Muralidhar and Justice B P Routray said, “The impugned order clearly has lost its effect due to such conduct of the state authorities. Consequently, leaving open the question ‘whether the government of Odisha can exercise powers under the Foreigners Act, 1946 to deport foreign nationals from India’, for decision in an appropriate case, the court directs that the impugned order shall not be given effect to.”
The bench clarified, “However, it is made clear that this order will not prevent any fresh exercise of powers under the Act by the authority concerned in accordance with law.”

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