Law

Can't Keep Rohingya in Jail After Completion of Sentence, Calcutta HC Tells WB Govt

The bench verbally observed that the court may think of formulating a plan for the stay of the four Rohingya persons till they are repatriated.

Kolkata: The Calcutta high court on Tuesday told the West Bengal government that it cannot keep four Rohingya nationals, who had entered India illegally, in correctional homes after the completion of their jail term.

A division bench comprising Chief Justice T.B.N. Radhakrishnan and Justice Arijit Banerjee directed that they may be kept in open places, under surveillance if required, till their repatriation to Myanmar.

The bench directed the West Bengal and Union governments to file a report on February 26 on the progress in repatriation of the four Rohingya.

During the hearing, the bench verbally observed that the court may think of formulating a plan for the stay of the four persons till they are repatriated, if the process takes time.

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The four Rohingya entered the country illegally and following their arrest in 2016 in West Bengal, had each been sentenced to 18 months in jail by a district court under the Foreigners Act.

The four persons served their term and the government has initiated action for their repatriation and the process for repatriation of one of them is over, according to the senior standing counsel for the West Bengal government.

The division bench had earlier directed the state and Union of India to vigorously proceed with the repatriation proceeding of the remaining three persons.

Advocate Sudip Ghosh Chowdhury had moved a writ petition before the high court on behalf of the four persons, praying that they be released from correctional home since they have completed their jail term.