Calcutta High Court: Why are minorities from Afghanistan, Pakistan, and Bangladesh being detained? — Public Interest Litigation filed in the Calcutta High Court.

Kolkata : Minorities — particularly Hindus — from Afghanistan, Pakistan, and Bangladesh are being detained in Indian jails. A Public Interest Litigation (PIL) has been filed in the Calcutta High Court demanding their immediate release.

According to a notification issued by the Central Government, people belonging to minority communities — Hindus, Jains, Christians, Parsis, and others except Muslims — coming from these three neighbouring countries cannot be detained in India.

However, allegations have been made that despite this order, Hindu refugees from Bangladesh are still being detained in several states, especially in West Bengal. On September 1, 2025, the Central Government issued a notification stating that no criminal proceedings should be initiated against minorities arriving from Afghanistan, Pakistan, and Bangladesh.

Referring to that notification, a plea was placed before the bench of the Acting Chief Justice of the Calcutta High Court on Monday, seeking the immediate release of those Bangladeshi and Pakistani nationals currently imprisoned. Acting Chief Justice Sujoy Pal granted permission to file the case, and the PIL has since been officially filed.

The hearing of the case is scheduled for Friday. Advocate Tarunjyoti Tiwari stated that according to the Centre’s order, no action can be taken under any circumstance against Hindus, Christians, Parsis, or Jains from neighbouring countries — regardless of whether they possess valid documents, visas, or passports. The notification, he said, was issued by the Centre to protect persecuted minorities, especially Hindus.

It was also clarified that no case can be filed against them under the Foreigners Act or the Passport Act. Despite this, the lawyer alleged, many are still being kept in jail on absurd grounds. Letters had been sent to the West Bengal DG of Correctional Services, the National Human Rights Commission, the State Law Department, and the Union Law Ministry, but no action was taken.

For that reason, the PIL has now been filed before the Calcutta High Court.