Solicitor General Objects To Newspaper Article On Woman Deported To Bangladesh, Says "Attempt To Influence Supreme Court"

The Solicitor General of India, Tushar Mehta, today took strong exception to a news article published today about Sunali Khatun, a pregnant woman, who was deported to Bangladesh on suspicion of being a foreigner, and was later brought back by the Union Government, on humanitarian grounds.

The bench of CJI Surya Kant and Justice Joymalya Bagchi 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 to Bangladesh. Last week, following the Court's suggestion, the Centre had agreed to bring back Sunali Khatun and her son, considering that she was pregnant.

During the hearing today, SG Tushar Mehta, appearing for the Union, made serious objections to the news article published by The Times of India (TOI) this morning about the woman.

"There is a concurrent and simultaneous narrative-building exercise going on. I am sure it does not affect your lordships. There are certain tabloids which are normally known and used for narrative building exercise. Unfortunately, today, to my amazement and shock, I read a front page story in a reputable and dependable newspaper like The Times of India, it must have escaped the editorial attention."

The bench said that the judges barely get time to see newspapers, as they are busy with the matters listed for the day. Justice Bagchi then asked how the article was related to the present case.

The SG replied that the article was related to the woman in the case and was published on the morning of the day of the hearing. He said that it was,"something which may influence/ attempt to influence this case."

"TOI, Hindustan Times, and Indian Express cannot be reduced to the level of these tabloids, where you plant stories. It is for the newspaper to decide," the SG added.

The CJI weighed in to add : "Two - three things we advise, (1) never write on a subjudice matter, why should one create an impression? (2) the assurance from the court's side that we do not accept pleadings which are outside (the court)"

At this juncture, Sr Advocate Sanjay Hegde, appearing for a few deportees, quoted a shayari : "Nahi hai zamana tere ghum ke kabil, tera jawab yahi hai ki tu muskuraye jaaye" (The present times cannot understand your pain; your only response should be a smile)

The SG replied, "We do not take things seriously, we just laugh it out, and then the Supreme Court of India is mocked."

The CJI said that any running commentary on pending matters before the Supreme Court should not be done. He added, "Once the judgment is passed, any constructive criticism is always most welcome."

Sr Advocate Kapil Sibal, appearing for the state of West Bengal, also said that one has to just ignore all the narratives and counter-narratives that are happening. He said lawyers are also constantly targeted in social media. "It happens to us every day, has my learned friend objected to it?" Sibal asked.

Justice Bagchi also clarified, "Mr. SG, we are completely immune from the attempts of publicity or seeming publicity...narratives should not affect the lives of individuals."

The CJI said that reporting of a Court matter should not amount to thrusting one's opinion about the issue. "Reporting a matter, nothing wrong with that, because you are bringing to the public domain that matter, but if you thrust your opinion..."

SG continued," and try to infuse an emotive, which is not factually true. And in TOI, we have legal journalists who are so responsible. They write so responsibly that it is enlightening. This might have escaped the editorial oversight"

Sibal intervened, pointing out that in the UK, court orders become a part of public discourse. He explained that as a trend, any orders that courts today pass are "now part of global discourse, and they become a subject matter of a lot of debate."

He further added, "As long as you do not attribute motive, that is not sacrilege."

The bench then proceeded to keep the matter for 6th January. Hegde informed the bench that there is another case of a deported lady with two children and urged that the Union could also consider her case, like Sunali Khatun's.

The CJI requested the Union to consider specific cases of any deportees purely on humanitarian grounds. "Wherever you feel that on humanitarian grounds someone can be considered."

The SG assured the Court, saying, "There is no doubt about it."

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