Supreme Court hears West Bengal Migrant Workers Welfare Board v. Union of India.
Advocate Prashant Bhushan alleges authorities are randomly detaining Bengali Muslims as “Bangladeshis,” only to later verify they are Indian citizens.
Bench: Justice Surya Kant and Justice Joymalya Bagchi
Advocate Prashant Bhushan alleges authorities are randomly detaining Bengali Muslims as “Bangladeshis,” only to later verify they are Indian citizens.
Bench: Justice Surya Kant and Justice Joymalya Bagchi
Some deported individuals were brought back after verification, Bhushan says, highlighting arbitrary enforcement and human rights concerns.
Justice Kant questions the issue: If documents are in Bangla, verification may take time, but the state argues ownership and jurisdiction matter.
Bhushan counters: Citizens should not be detained; verification can happen without restricting freedom. Court examines legality and procedure.
Justice Kant questions the issue: If documents are in Bangla, verification may take time, but the state argues ownership and jurisdiction matter.
Bhushan counters: Citizens should not be detained; verification can happen without restricting freedom. Court examines legality and procedure.
Justice Bagchi asks if there’s a system to verify migrant labourers’ place of origin before detention.
Justice Kant suggests a nodal agency to coordinate between home and work states.
Advocate Prashant Bhushan says authorities are detaining Bengali Muslims during verification, creating panic and fear among the community.
Justice Kant suggests a nodal agency to coordinate between home and work states.
Advocate Prashant Bhushan says authorities are detaining Bengali Muslims during verification, creating panic and fear among the community.
Justice Bagchi stresses the scale of migration from eastern states to the north and says a nodal agency can help manage verification without harassment.
Bhushan warns some detainees face torture in detention centres, adding that even the Foreigners Act does not allow such treatment for those merely termed foreigners.
Bhushan warns some detainees face torture in detention centres, adding that even the Foreigners Act does not allow such treatment for those merely termed foreigners.
Justice Kant issues notice in the plea.
Advocate Bhushan urges that verification should proceed without detaining individuals.
Justice Kant responds, highlighting ground realities: “If someone enters illegally, detaining may be necessary; otherwise they could disappear before verification.”
Court discusses possible solutions, including issuing origin cards that authorities across states can recognize to verify bona fide status without arbitrary detention.
Advocate Bhushan urges that verification should proceed without detaining individuals.
Justice Kant responds, highlighting ground realities: “If someone enters illegally, detaining may be necessary; otherwise they could disappear before verification.”
Court discusses possible solutions, including issuing origin cards that authorities across states can recognize to verify bona fide status without arbitrary detention.
Advocate Bhushan informs the Bench that some state governments are randomly detaining Bengali Muslims, noting there’s no power under the Foreigners Act to detain a suspected foreigner.
Court acknowledges the concern, noting the panic caused, and says the states must also be heard.
J. Kant: Respondent states to be served through their standing counsels.
Court schedules the matter for hearing after 2 weeks, cautioning that ex parte orders can have unintended effects.
Court acknowledges the concern, noting the panic caused, and says the states must also be heard.
J. Kant: Respondent states to be served through their standing counsels.
Court schedules the matter for hearing after 2 weeks, cautioning that ex parte orders can have unintended effects.
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