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J. B. PARDIWALA, R. MAHADEVAN
Maja Daruwala – Appellant
Versus
State Of West Bengal – Respondent
| Table of Content |
|---|
| 1. hearing and initial observations on the plea for transfer. (Para 1) |
| 2. highlighting plight of illegal bangladeshi immigrants. (Para 3 , 4 , 5 , 6 , 7) |
| 3. ongoing challenges of illegal immigrant detention. (Para 10 , 11) |
| 4. issues of illegal immigration and detention policies. (Para 14 , 16) |
| 5. failure to comply with verification and deportation timelines. (Para 19 , 20 , 21 , 22) |
| 6. concluding orders and directions for future compliance. (Para 23 , 24 , 25) |
ORDER :
1. We have heard Mr. Soutik Banerjee, the learned counsel appearing for the petitioner nos. 1 and 2, Ms. Aishwarya Bhati, the learned A.S.G. appearing for the Union of India and Mr. Kunal Mimani, the learned counsel appearing for the State of West Bengal.
2. At the outset we take notice of the order passed by this Court dated 19th November, 2012, the order read thus:-
2. No body appears for the respondent No. 2 - Union of India, although vakalatnama has been filed on its behalf.
3. We have perused the order passed by the High Court on November
Detention of an individual as a foreign national without affording them the opportunity to establish their citizenship violates principles of natural justice and due process.
The government has unfettered authority to expel declared foreign nationals, underscoring the limitations on procedural protections relative to citizens in expulsion cases under immigration law.
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