A court in West Bengal’s Uttar Dinajpur district has granted bail to Jalil Akhtar, a 66 year old Muslim man who was detained for nearly three months on suspicion of being an undocumented Bangladeshi national.
The Additional Chief Judicial Magistrate’s Court ordered his release on Tuesday, September 15, after observing that the documents produced by Akhtar were valid and that the allegation of illegal entry could not justify indefinite detention.
Akhtar, a resident of Bagroi village in Uttar Dinajpur, was picked up by Dalkhola Police on June 19. He was subsequently held at temporary detention centres before being lodged in jail.
His cousin, Matiur Rahman, confirmed that Akhtar was released on Tuesday.
Police Failed to Establish Illegal Entry
According to court records, Akhtar was handed over to the Border Security Force on July 4 along with three other detainees for deportation to Bangladesh. However, his deportation could not be completed despite two attempts.
The police later filed a suo motu case against him under the Immigration and Foreigners Act, 2025, alleging that he had entered India without a valid passport, travel document or visa.
The investigation did not establish that Akhtar’s documents were forged or invalid. The police reportedly verified the existence of his Aadhaar card, voter identity card and ration card in government databases. His name was also found in electoral rolls prepared during the special intensive revision exercises of 2002 and 2026.
Akhtar’s family had also submitted land records dating back to 1967 in the name of his father, Roshan Ali.
Court Calls Detention Unfortunate
The state opposed bail, arguing that Akhtar had not produced conclusive proof of Indian citizenship and that his release could raise concerns relating to national security.
The defence argued that investigators had failed to prove that any of Akhtar’s documents were forged. His lawyers also pointed out that official verification had confirmed the existence of his records.
While granting bail, Additional Chief Judicial Magistrate Jamshed Shaikh described the case as unfortunate.
The court observed that the absence of a single conclusive document proving citizenship by birth could not, by itself, justify indefinite detention.
“An allegation involving nationality cannot by itself and without supporting material indicating a concrete threat justify indefinite detention of an undertrial,” the court said.
Akhtar was released on a bail bond of ₹10,000. He has been directed to cooperate with the investigation and not leave the territorial jurisdiction of the court without prior intimation, except in a medical emergency.
TMC Leader Questions Police Action
Trinamool Congress Rajya Sabha member Samirul Islam welcomed Akhtar’s release and demanded action against those responsible for his detention.
In a post on social media, Islam questioned why the police had not verified Akhtar’s documents before detaining him.
“Why did the police not verify those documents before harassing him based on mere apprehension?” he asked.
The case comes amid increased scrutiny of detentions and deportations of Bengali speaking people, many of them Muslims, who have been accused of being undocumented Bangladeshi nationals in several BJP ruled states.
Reports have documented cases in which Indian citizens were allegedly pushed across the border after being unable to immediately establish their nationality. Some were later brought back after authorities verified their Indian citizenship.
