Supreme Court Intervenes in Deportation Case
The Supreme Court of India made a significant suggestion to the Central government on Tuesday, proposing the return of a pregnant woman, Sunali Khatun, and five others, including her husband Danish Sekh and their minor son Sabir, from Bangladesh. The group was recently deported on the grounds of being illegal immigrants.
The bench, comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi, recommended this as an interim measure. The court stated that the authorities should bring the family back to India and then conduct a proper inquiry into their nationality claims based on the documents and evidence available.
Legal Battle and Citizenship Claims
Representing the deported individuals, senior advocates Sanjay Hegde, Kapil Sibal, and G Sankaranarayanan argued before the court that Sunali, her husband, and their son possess documents to prove their Indian citizenship. They contended that the deportation violated their fundamental rights and emphasized that the Centre must comply with the existing order from the Calcutta High Court to bring them back.
During the hearing of the Centre's appeal against the Calcutta High Court's order, the bench questioned the government's actions. "Now that certain material, including landholding records and relatives' statements, have come on record, why don't you bring them back and inquire about their nationality? You hardly held any inquiry before deporting them," the bench remarked.
Court's Directive and Government's Stance
The Supreme Court was clear in its interim suggestion: "Give deported people a chance to prove their nationality." The bench instructed the Centre to examine the documents produced by the individuals or on their behalf in a fair inquiry process.
However, the court simultaneously acknowledged the government's concerns, accepting that the removal of illegal Bangladeshi migrants is absolutely justified. The bench called for tough measures against infiltrators, recognizing the serious national security ramifications of illegal immigration, especially across India's porous borders with Bangladesh and Myanmar.
The Centre, in its appeal, defended the deportation. It argued that the six individuals failed to produce any valid documents to substantiate their claim of being Indian citizens or residing legally in India. The government stated that a Delhi Police inquiry had established they were illegal Bangladeshi immigrants and that they had even admitted to this fact. The deportation orders of June 26 were passed after following due procedure, the Centre claimed.
The case originated from a Calcutta High Court order on September 26, which quashed the detention and deportation orders from June and directed the Home Ministry to take all steps to bring back the six deported persons within four weeks. The Supreme Court has now sought the Centre's formal response to its suggestion by Monday.
