As Centre Brings Back Persons Sent To Bangladesh, Supreme Court Disposes Of Plea

Debby Jain

19 Aug 2026 12:23 PM IST

  • As Centre Brings Back Persons Sent To Bangladesh, Supreme Court Disposes Of Plea
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    The Supreme Court on Wednesday disposed of petitions filed by the Union government challenging directions of the Calcutta High Court to repatriate certain Bengali-speaking individuals who had been sent to Bangladesh on suspicion of their citizenship, after the Centre informed the court that the persons had been brought back to India.

    A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana was hearing the Union's challenge to the Calcutta High Court's directions requiring the authorities to repatriate the individuals.

    The proceedings effectively came to an end after the Union brought the persons back to India as a special case.

    Senior Advocate Sanjay Hegde, appearing for the respondents in the matter, told the Bench that the intervention of Solicitor General Tushar Mehta had helped resolve the immediate issue. “I must thank him (SG Mehta) for his intervention. The matter has worked itself out. They have all come back,” Hegde submitted. In May, the SG had undertaken before the Court that the individuals would be repatriated on humanitarian grounds. The SG had stated that after bringing them back, their citizenship status will be verified, and their further stay in India will be subject to the outcome of such verification.

    With the persons being brought back, Hegde proposed that the matter can be disposed of by keeping the underlying legal question open.

    The Supreme Court, recording the Union's position, said it had been informed that “as a special case, the respondents have been brought back.”

    "Since the individuals had returned, there was consequently no reason to keep the proceedings pending", the Bench observed, and disposed of the petitions. The Bench clarified that the question of law has been left open.

    The High Court, in September 2025, while acting on habeas corpus petitions filed by the relatives of deported persons, had directed the repatriation of Sunali Khatun, her husband, Danish Sekh and son Sabir Sekh. In another petition, the High Court directed the repatriation of Sweety Bibi and her sons, Kurban and Imam.

    In December last year, the Union had agreed to bring back Sunali Khatun, who was pregnant then, and her son, to India on humanitarian grounds. In an earlier hearing in November last year, the Supreme Court had suggested to the Union to bring back the persons to verify their claim of citizenship.

    Case : UNION OF INDIA Vs BHODU SEKH | SLP(Crl) No. 18658/2025 & UNION OF INDIA Vs AMIR KHAN & Ors | SLP(Crl) 18891/2025

    Debby Jain

    Debby Jain

    Debby Jain is a Correspondent with LiveLaw, covering the Supreme Court of India

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