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Delhi High Court asks MHA procedure of deporting foreigners who lack documentation

2 min read
Ministry of Home Affairs

Ministry of Home Affairs

Kriti Agrawal

The Delhi High Court has asked the Ministry of Home Affairs (MHA) what it is the procedure to repatriate foreign nationals who are in India without proper documentation.

Hearing a petition on behalf of three Bangladeshi youths, including a minor, who were allegedly abducted from their home country and brought here in March and want to return home, Justice Prathiba M Singh directed the MHA to record the process, as well as the time period and formalities to be completed for such foreign nationals’ repatriation/deportation.

On Tuesday the court said, “If there is any communication from the Bangladeshi High Commission in connection with the request letter for deportation served on it, should be registered.”

If the process to be followed, as well as the deadlines, are not filed along with an affidavit by May 13, a senior official from the MHA will be present at the next hearing on May 17, it said.

On April 12, the court served notice on the ministries of Home and External Affairs, the Bangladesh High Commission, the Delhi government, the Border Security Force, and the police, requesting their position on three youths’ request to be returned home.

According to the petition filed on their behalf, the three youths went to see the Indo-Bangladesh border on March 4, 2021, with an acquaintance who gave them food after they got close to the border.

The three lost consciousness after consuming the food and awoke on a platform of the New Delhi Railway Station on March 10, according to the petition, which was filed by advocates Kamlesh Kumar Mishra, Ritu Maity, and Abhishek Anand.

Following that, the three went to the nearby Kamla Market Police Station and told their story. According to the petition, the officers gave them money for food and then escorted them to a homeless night shelter.

With the assistance of social activist Sunil Kumar Aledia, they made representations to the Bangladesh High Commission and government agencies in India and Bangladesh, but received no response, according to the petition.

Aside from ensuring their safe return home, the petition states that they should not be detained for lack of a passport or visa and should be provided with food and shelter before they are returned to their country.