Supreme Court Suggests Union Bring Back Persons Deported To Bangladesh Over Nationality Suspicion For Hearing Opportunity

The Supreme Court today suggested to the Union government to bring back as a temporary measure certain West Bengal residents alleged to have been deported to Bangladesh on suspicion of being foreigners.

Commenting that the deportees, who claim to be Indian citizens, had a right to plead their case before the authorities with supporting documents, the Court suggested that the government bring them back as an interim measure and give them an opportunity of hearing. It also said that the government agencies can verify the genuineness of the deportees' documents.

A bench of CJI Surya Kant and Justice Joymalya Bagchi heard the matter and made the suggestion to a counsel appearing on behalf of the Union. Senior Advocates Kapil Sibal and Sanjay Hegde appeared for the petitioners.

During the course of arguments, Hegde pointed out to the Court that the Union challenged the Calcutta High Court judgment (directing repatriation of the deportees) after about a month and the matter kept lying in the defect category. Only when the respondents moved the High Court alleging contempt, the Union got back to pursuing the matter. "These are Indian citizens who have been thrown across", he alleged.

Hearing the submissions, and going through the record, CJI Kant conveyed to the Union's counsel, "Now there is lot of material coming on record - birth certificate, land holdings of close family members - these are kind of evidence. And evidence of probability. So what prevents you? Earlier you hardly held any enquiry. The allegation is that the deportee was never heard and you sent them. Why don't you, atleast as a temporary measure, bring them back, give them an opportunity of hearing, verify all these documents or facts and take a holistic view?"

The CJI notably remarked that the deportees claiming to be Indian citizens have a "right" to plead before the authorities. "If there is an illegal entrant from Bangladesh, your deportation is 100% justified. Nobody will dispute. But if somebody has something to show you, that wait I belong to India, I am born and brought up here, and I am actually an Indian national, he has a right to plead before you."

Ultimately, giving time till Monday to obtain instructions, the bench indicated that the Union may bring back the deportees as an interim measure and have the investigative agencies verify the genuineness of their documents.

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 washeld 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 (and connected case)