Consider Bringing Back Pregnant Woman & Son Deported To Bangladesh On Humanitarian Grounds : Supreme Court To Centre

The Supreme Court on Monday asked the Union government to take instructions on the possibility of bringing back a pregnant woman and her eight-year-old son who were recently deported to Bangladesh, stressing that their case should be considered “purely on humanitarian grounds.”

A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi heard the matter and posted it for December 3.

Senior Advocate Sanjay Hegde, appearing for the respondents, informed the Court that Sonali Khatoon, daughter of Respondent Bhodu Sekh, was heavily pregnant at the time of deportation and is among those sent to Bangladesh. He also pointed out that her eight-year-old son, Sabil, was deported with her.

Solicitor General Tushar Mehta appeared for the Union, while Senior Advocate Kapil Sibal represented the State of West Bengal. The bench was considering a petition filed by the Union Government challenging a Calcutta High Court direction to bring back persons deported to Bangladesh.

Taking note of the woman's condition, the CJI asked the SG to seek instructions limited to her and the child. “Only on humanitarian grounds,” the CJI clarified.

The SG agreed but remarked, “We are all concerned with the precedent being set.”

To this, the CJI responded, “That's why instead of anything coming on record, maybe you will yourself do it.”

Hegde added that separating the mother from her son would create further difficulties, and also informed the Court that the children's father, too, had been deported. But the Court did not make any observation regarding this request.

Earlier, the Supreme Court had suggested that the Union consider bringing back the West Bengal residents who were deported to Bangladesh to given them an opportunity of hearing.

Background

The matter reached the top Court pursuant to a Calcutta High Court order of September, which directed repatriation of the deportees within 4 weeks. While dealing with a habeas corpus petition, the High Court had found the procedure adopted for deportation to be improper, notwithstanding the nationality of the deportees. It was held that the question of citizenship ought to be considered based on further documents and evidence before an appropriate Court.

Respondent-Bhodu Sekh had approached the High Court seeking production of his daughter, son-in-law, and grandson, who were alleged to have been illegally detained. He submitted that he was a permanent resident of West Bengal and his daughter and son-in-law were Indian citizens by birth. They originated from a family permanently residing in West Bengal and for lawful employment, had migrated to New Delhi.

The petitioner was aggrieved as during an 'identity verification drive', his family members were picked up, detained and illegally deported to Bangladesh on 26.06.2025. He pointed out that his daughter was at an advanced stage of pregnancy.

It was further submitted that the FRRO, Delhi, had been repatriating illegal migrants of Bangladesh as per instruction dated 02.05.2025 issued by the Ministry of Home Affairs. However, no enquiry was conducted in terms of the memo published by the Union government, and the detainees were deported within a period of two days.

The authorities, on the other hand, claimed that the detainees admitted to the police that they were residents of Bangladesh and failed to produce their Aadhar Cards, Ration Cards, Voter Identity Cards or any other document to establish that they were citizens of India.

After hearing the parties, the High Court held that even if the detainees admitted to being citizens of Bangladesh to the Delhi police, the law presumed that a statement to a police officer may have been obtained through pressure or force and therefore not voluntary. At last, it ordered their repatriation in 4 weeks.

Case Title: UNION OF INDIA Versus BHODU SEKH AND ORS., SLP(Crl) No. 18658/2025