Will Bring Back Pregnant Woman & Son Deported To Bangladesh : Centre Undertakes In Supreme Court

The Central Government undertook before the Supreme Court on Wednesday to bring back Sunali Khatoon, a pregnant woman who was deported to Bangladesh, and her 8-year-old son (Sabir) to India on humanitarian grounds.

Solicitor General of India Tushar Mehta made this statement before a bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi.

"On humanitarian grounds, Sunali Khatun and her son Sabir will be brought here following the procedure without prejudice to our contentions on merits and our right to put them under surveillance," SG said.

On Monday, the Court had asked the Government if the woman and her son could be brought back on humanitarian grounds. Today, SG Tushar Mehta, after taking instructions from the Government, agreed to repatriate them.

In the order, the Court observed :

"Learned SG on instructions informs that purely on humanitarian grounds, the Government of India has agreed to bring back Sunali Khatun along with her eight-year-old son Sabir. Since Sunali was taken into custody from Delhi, SG informs that she will be brought back to Delhi. However, there is a suggestion by the learned senior counsel representing the respondents that it will be advisable to shift her to the town where her father stays in the District of Birbhum."

The Court directed that the West Bengal State Government must ensure medical facilities for the woman, considering her pregnancy, free of cost. The Court also directed the State Government to take care of her son as well.

The Court was hearing a special leave petition filed by the Union against the September 27 judgment of the Calcutta High Court, which directed the Government to repatriate certain persons deported.

The High Court passed the judgment in a habeas corpus petition filed by one Bhodu Sekh seeking the production of his daughter, son-in-law, and grandson, who were picked up from Delhi and deported to Bangladesh. During the hearing, the Supreme Court suggested that the Government bring back at least the pregnant woman and her son.

Today, Senior Advocate Kapil Sibal, for the State of West Bengal, requested that the Union take instructions on repatriating the other four persons who were deported. SG said that they are 'Bangladeshis' and the Union has a serious contest. SG also said that it was surprising that the State Government was appearing on caveat in this matter and seeking protection for the persons.

Senior Advcoate Sanjay Hegde appeared for Bhodu Sekh. During the hearing, Justice Bagchi observed that if Sunali Khatun can establish a biological connection with Bhodu Sekh (who is an Indian citizen), then she and her son can also establish Indian citizenship.

Last week, the Court had suggested that the Government bring back all these persons so that they can be given an opportunity of hearing. SG today said that he will be able to prove that they are foreigners. He also requested that the Supreme Court stay the proceedings in the contempt petition filed by the private respondent in the Calcutta High Court. The bench did not pass any order in that regard and observed that the High Court won't proceed when the Supreme Court is seized of the issue.

The Court will hear the matter next on December 12.

Case : UNION OF INDIA v. BHODU SEKH AND ORS SLP(Crl) No. 18658/2025 and UNION OF INDIA v. AMIR KHAN AND ORS.SLP(Crl) No. 18891/2025