Strict Action Against Illegal Bangladeshis In Bengal Order To Hand Them Over Directly To Bsf Not Court

The new BJP government of West Bengal has taken a major administrative step against illegal Bangladeshi infiltrators. Chief Minister Suvendu Adhikari has directed the state police and Railway Protection Force (RPF) to hand over certain categories of illegal Bangladeshi nationals caught directly to the BSF instead of producing them in courts so that they can be sent back across the border.

According to reports, this order has come into effect from May 20. Under the new system, such Bangladeshi citizens, who are not eligible to get citizenship under India’s Citizenship Amendment Act i.e. CAA, will be taken directly to BSF border posts after being detained.

Chief Minister Suvendu Adhikari has called it part of Union Home Minister Amit Shah’s “Detect, Delete and Deport” campaign. BJP has been making illegal Bangladeshi infiltration into West Bengal a major political and security issue for a long time.

While talking to journalists in Howrah, Suvendu Adhikari said that clear instructions have been given to the Police Commissioner and RPF that if such Bangladeshi illegal immigrants, who are not eligible for citizenship under CAA, are caught at Howrah station or other places, then they should not be sent to court. “They should be given proper food and then taken directly to BSF posts at Petrapole border or Basirhat,” he said.

The Chief Minister also directed that weekly reports of all such cases should be sent to the Chief Minister’s Office through the Director General of Police.

Legal and administrative debate has also started regarding this policy. Several senior police officers have informally raised the question whether the police or the administration itself can decide that a person is an illegal migrant and hand him over directly to the BSF without a judicial inquiry.

According to a senior police officer, usually if a foreign national is accused of entering India without valid documents or overstaying the visa period, a case is registered against him under Section 14(A) of the Foreigners Act 1946 and then he is produced in the court. “It is for the court to decide whether a person has entered India illegally or not. This decision cannot be left to the sole discretion of law enforcement agencies,” the officer said.

Although Suvendu Adhikari did not explicitly mention any specific legal provision in his order, according to reports the state government is probably citing the recently passed Immigration and Foreigners Act 2025. This law has been made with the aim of creating a modern system of immigration management, surveillance, detention and deportation.

Suvendu Adhikari claimed that the central government had sent instructions to the state government on May 14, 2025, asking them to identify illegal Bangladeshi citizens and hand them over to the BSF.

Since the BJP government came to power in West Bengal, strict decisions are being taken continuously on the issue of border security and illegal infiltration. The state government has already handed over land to BSF for border fencing. Apart from this, anti-encroachment campaign is being run across the state and sacrifice rules have also been tightened before Eid.

In neighboring Assam, Chief Minister Himanta Biswa Sarma has adopted a similar “pushback” policy against illegal infiltrators. However, legal challenges are also emerging in the courts regarding these actions. At present, the stand of the West Bengal government is clearly visible that instead of entangling the cases of illegal Bangladeshi infiltration in a lengthy legal process, it wants to move forward on the policy of rapid identification and deportation.

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