Supreme Court hears plea concerning detention of Bengali-speaking Muslim migrant laborers, who were allegedly apprehended across several states under suspicion of being undocumented Bangladeshi nationals.
Bench: Justices Surya Kant, Joymalya Bagchi, and Vipul M Pancholi
Bench: Justices Surya Kant, Joymalya Bagchi, and Vipul M Pancholi
Advocate Prashant Bhushan: notices have been served but no reply has been filed. One of the ladies who had been pushed out, her family had filed habeas corpus in the Calcutta HC. After notice was issued the ASG went and said to the HC matter is pending and got it adjourned. This lady has been pushed out forcibly from the country, she is pregnant without any proof that she is a foreigner. They are saying Bengali language is a Bangladeshi language. Therefore people speaking Bengali are Bangladeshis. How can any authority push out any person without any determination whether so and so is a foreigner? There should be some agreement with the Bangladeshi government. Normally one can’t push someone to another country without having an agreement with them. You can’t forcibly push to another country without the country accepting.
Bhushan: this pregnant lady is pushed out and arrested by Bangladeshi authorities under their foreigners act saying she is an Indian.
Justice Kant: a lot of factual issues are involved. We appreciate that habeas corpus cannot be adjourned because matter is pending here. We’ll request the high court to take up the matter.
Justice Kant: a lot of factual issues are involved. We appreciate that habeas corpus cannot be adjourned because matter is pending here. We’ll request the high court to take up the matter.
Bhushan: how can any authority push out anybody like this?
Justice Kant: how to pass an order that will be vague in nature?
Bhushan: no authority can push out a person to another country without some tribunal etc saying they are a non citizen.
Justice Kant: how to pass an order that will be vague in nature?
Bhushan: no authority can push out a person to another country without some tribunal etc saying they are a non citizen.
Justice Kant: I don’t think there’s a foreigners tribunal except Assam.
Bhushan: yes. BSF cannot say…
Bhushan: yes. BSF cannot say…
Bhushan: sometimes these BSF people say you run away to that side or we will shoot you.
Justice Bagchi: once the person is within the Indian land mass then there must be some procedure.
SG Tushar Mehta: why these organisations come before the Court? Let some individual come. India is not the world’s capital for illegal immigrants.
Justice Bagchi: we would like you to clarify the bias- the use of a language as a presumption of being a foreigner.
Mehta: there are organisations who are thriving on illegal immigrants. We are just trying to ensure that immigrants don’t eat away our resources. There is a systematic infiltration. We can’t go on media reports.
Justice Bagchi: once the person is within the Indian land mass then there must be some procedure.
SG Tushar Mehta: why these organisations come before the Court? Let some individual come. India is not the world’s capital for illegal immigrants.
Justice Bagchi: we would like you to clarify the bias- the use of a language as a presumption of being a foreigner.
Mehta: there are organisations who are thriving on illegal immigrants. We are just trying to ensure that immigrants don’t eat away our resources. There is a systematic infiltration. We can’t go on media reports.
Mehta: there are agents who facilitate illegal entry.
Bhushan: the BSF cannot say whenever they believe is a Bangladeshi we will push out of the country.
Mehta: let some citizen come. Not some organisations.
Justice Kant: (to Mehta) you give us an SOP that is being followed.
Justice Bagchi: there are two very sensitive issues. One is our national security. That goes without saying. At the same time we have an inherited legacy of common culture. We do not say from news paper reports. We request you to clarify this stance.
Mehta: let some individual come. Let public spirited citizens help them. Not those organisations.
Bhushan: the BSF cannot say whenever they believe is a Bangladeshi we will push out of the country.
Mehta: let some citizen come. Not some organisations.
Justice Kant: (to Mehta) you give us an SOP that is being followed.
Justice Bagchi: there are two very sensitive issues. One is our national security. That goes without saying. At the same time we have an inherited legacy of common culture. We do not say from news paper reports. We request you to clarify this stance.
Mehta: let some individual come. Let public spirited citizens help them. Not those organisations.
Bhushan: this method of deportation is against their own circular. The circular says first an enquiry had to be made with the State government. In this case without any enquiry they pushed her out of the country.
Justice Bagchi: let us say there are suspicious circumstances regarding an individual and the police registers an FIR in the foreigners wct. Can they not detain?
Bhushan: if there is a FIR they can detain. But thousands of people are being detained because they are speaking Bengali.
Justice Bagchi: let us say there are suspicious circumstances regarding an individual and the police registers an FIR in the foreigners wct. Can they not detain?
Bhushan: if there is a FIR they can detain. But thousands of people are being detained because they are speaking Bengali.
Order: issue notice in IA. Reply to be filed within 1 week.
Bhushan: Mr. Solicitor your snide remarks will not get you anywhere.
Order: petition seeking a writ of habeas corpus has been filed before the HC. It has been adjourned to 10th September 2025 as the pendency of the present proceedings were brought to the notice of the HC. We clarify that the issues pending before this court are entirely different. We request the HC to immediately take up the WP and pass appropriate orders. The interim prayer ascertaining the citizenship status of Somali Bibi will be considered in accordance with law.
Bhushan: Mr. Solicitor your snide remarks will not get you anywhere.
Order: petition seeking a writ of habeas corpus has been filed before the HC. It has been adjourned to 10th September 2025 as the pendency of the present proceedings were brought to the notice of the HC. We clarify that the issues pending before this court are entirely different. We request the HC to immediately take up the WP and pass appropriate orders. The interim prayer ascertaining the citizenship status of Somali Bibi will be considered in accordance with law.
Mehta: let this come along with the Rohingya matter. There also this is precisely the question. There is a systematic racket. There are agents. There are terrorists that have infiltrated. Let them be heard together.
Justice Kant: you have filed your reply there. You file your reply here also.
Bhushan: the home ministry circular says 2 things. One is the State should be asked after presumption. Then second is they can be detained for 30 days in the meantime. But before the clarification from the state comes they push these people out.
Justice Kant: you have filed your reply there. You file your reply here also.
Bhushan: the home ministry circular says 2 things. One is the State should be asked after presumption. Then second is they can be detained for 30 days in the meantime. But before the clarification from the state comes they push these people out.
Mehta: this is a serious problem your lordships may examine. All European countries are also facing this problem.
Justice Kant: this is a very complicated issue.
Matter posted for hearing in September
Justice Kant: this is a very complicated issue.
Matter posted for hearing in September
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