The Odisha government strongly denied before the court the contention that they were illegally detained. The court was informed that the two migrant workers over whom the habeas corpus petition was filed — Sainur Islam and Rakibul Islam — have already returned to their residences. Alleging that the two were illegally detained in Odisha, the petitioners’ lawyer claimed that they are entitled to compensation.
This contention was disputed by the Advocate General of Odisha. A division bench presided by Justice Tapabrata Chakraborty directed the Odisha government to file an affidavit in opposition to the contention of the petitioners by August 20. The petitioners were directed to file their reply to the contention of the Odisha government in its affidavit by August 27. The court directed that the matter will come up for hearing again on August 29.
Odisha Advocate General Pitambar Acharya, appearing before the court through the virtual mode, submitted that there was no arrest of the persons over whom the habeas corpus petitions were filed. Acharya stated before the court that the law enacted in the Foreigners’ Act authorises the civil authority to do certain things in respect of the suspected persons whose citizenship is in doubt. He stated that there was no arrest and that it was a lawful verification of documents as provided in the law, claiming that it was a frivolous petition. Acharya stated that the Odisha government has already submitted a status report on the matter before the court.
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