Why Detain Illegal Bangladeshi Immigrants Here Indefinitely Instead Of Deporting Them?Supreme Court Asks Union

The Supreme Court has asked the Union Government about the purpose of keeping hundreds of illegal Bangladeshi immigrants in detention centres in India for an indefinite period, instead of deporting them to their native country.

A bench comprising Justice JB Pardiwala and Justice R Mahadevan observed that if an illegal immigrant from Bangladesh has been apprehended and convicted under the Foreigners Act, 1946, then they should be immediately deported to their native country after their period of sentence. The bench wondered if they should be kept for an indefinite period in detention centres/correctional homes in India.

The bench noted that there are almost 850 illegal migrants detained in correctional homes and sought to know the exact present figures.

"How many illegal immigrants as on date are in various detention camps/correctional homes after being convicted and having undergone the entire sentence under the Foreigners Act?," the bench asked the Union.

"We would like to understand from the respondents that once an illegal immigrant from Bangladesh has been convicted for the alleged offence is it not established that he is not a citizen of India. What is the idea in keeping hundreds of such illegal immigrants in Detention Camps/Correctional Homes for an indefinite period of time?," the bench asked.

The bench also noted that as per Clause 2(v) of the circular issued by the Government of India dated 25th November, 2009, the entire exercise is to be completed i.e. the exercise of deportation, verification etc. within a period of 30 days. It sought to know why this Clause 2(v) is not being strictly complied with.

The Court made these observations while considering a matter of 2013(Maja Daruwala v Union of India), which was transferred from the Calcutta High Court. In 2011, the petitioner wrote a letter to the Calcutta High Court Chief Justice highlighting the plight of plight of illegal immigrants from Bangladesh who after being convicted for the offence under the Foreigners Act are being kept confined to correctional homes. The letter pointed out that the immigrants, even after undergoing sentence. instead of being deported to their own country are being detained in the Correctional Homes of the State of West Bengal. 

The Calcutta High Court took suo motu cognizance of the letter. In 2013, the matter was transferred to the Supreme Court.

In the hearing held last week (January 30), the Court also sought to know from the Union of India what was expected of the State of West Bengal to do in these type of matters.

The matter will be heard next on February 6, 2025.

It may be noted that another bench of the Supreme Court, headed by Justice Oka, has also questioned the Union Government over the indefinite detention of illegal immigrants in foreigners' detention centres in Assam.

Case : Maja Daruwala v Union of India | Transfer Case (Criminal) No. 1/2013

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