Thread by @LiveLawIndia

#SupremeCourt hears PIL assailing detention of migrant Muslim workers from #WestBengal, over suspicion of their being #Bangladeshi citizens

Bench: Justices Surya Kant, Joymalya Bagchi and Vipul M Pancholi

Adv Prashant Bhushan (for petitioner): Notices served. One of the ladies who had been pushed out, her family filed habeas corpus petition in HC. In the last hearing, after this Court issued notice, ASG for the govt said to the HC that because this matter is pending, therefore don't deal with it. Result is - this lady has been forcibly pushed out of the country without anybody determining that she is a foreigner. Just because she is Bengali-speaking. There has to be some agreement with Bangladesh govt, otherwise pushing out violates international law.

#SupremeCourt #MigrantWorkers

Bhushan: She has been arrested by Bangladeshi authorities saying that she's an Indian. These are the kind of things that are happening...

J Kant: Lot of factual issues involved. We appreciate that habeas corpus can't be adjourned just because these proceedings pending...We will request HC to take up writ petition immediately and decide it at earliest. We will also request HC to ascertain citizenship part

Bhushan: Meanwhile, how can any authority push out anybody as alleged 'non-citizen' without 2 conditions being satisfied?

J Kant: How to pass an order which will be perceived little vague? How to ensure its compliance?

#SupremeCourt #MigrantWorkers

J Kant: Foreigners' Tribunal is not there, except in Assam...

Bhushan: This has very drastic consequences...sometimes BSF people say you run to the other side else we will shoot you

J Bagchi: There's a distinction...once a person is within Indian landmass, there must be some procedure which is to be followed

SG Tushar Mehta: Why associations/organizations have come? Let some individual come saying I am being pushed out. The moment they come, they will have to justify presence legally.

#SupremeCourt #MigrantWorkers

J Bagchi: We'd like some clarification...Certain bias in respect of exercise of powers sought to be demonstrated in the petition...language a presumption of being a foreigner...?

J Kant: If someone is speaking Bangla...

SG: We are trying to ensure immigrants don't eat away at our resources. We can't go by media reports. There are agents who facilitate illegal entry...

J Kant: There's lot of illegal immigration also.

#SupremeCourt #MigrantWorkers

Bhushan: BSF can't say whoever we believe is Bangladeshi we will push out of country without any authority determining...

J Kant: You give us SOP they follow. There are persons who are trying to enter, forcing them back, there should not be any difficulty. But those who are presumed to have entered, first question is they have to show proof of citizenship

J Bagchi: There are questions of national security, integrity of nation...preservation of our resources...at the same time, we have a legacy of common heritage...In Bengal and Punjab, language is same, border divides us. We want Union to clarify...

SG: I request let some individual come

J Kant: Are they in capacity to come here?

#SupremeCourt #MigrantWorkers

Bhushan: Like in this lady's case, without any enquiry from state govt, they just pushed her across the border

J Bagchi: As ld. SG said, this may be a single aberration, for which habeas corpus petition is pending

Bhushan: There are several. There's also question of detention. Act gives power to detain only foreigners, not suspected foreigners. It's happening in Gujarat also. 1000s of people put in detention centres, causing panic

J Bagchi: Will you say police does not have power to take person into custody if there is FIR

J Kant: Even on apprehension, one can be detained

Bench issues notice on petitioner's IA.

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Bhushan says matter was adjourned before a HC by respondents

SG: Court adjourned, counsels cannot. I always maintain distance between courtroom and Jantar Mantar

Bhushan: Mr Solicitor, your snide remarks will not get you anywhere

#SupremeCourt #MigrantWorkers

Order: Issue before this Court is different and has no bearing on the habeas corpus case before HC. We request HC to immediately take up the case and pass apt orders. Liberty is granted to raise prayer for ascertainment of citizenship of [...] or her family members

SG: Please hear this with Rohingya matter

J Kant: You file reply in both matters.