The Supreme Court on August 31 clarified a May 2025 order which directed the West Bengal government to identify and release on bail illegal foreign migrants languishing in the state prisons despite lapse of 3 years since completion of their post-conviction sentence.

A bench of CJI Surya Kant, Justice Joymalya Bagchi and Justice V Mohana added the term 'jurisdictional trial court' besides 'Foreigners' Tribunal' in the order, after it was pointed out that two of the bail conditions recorded in the order contained the term 'Foreigners' Tribunal' but there is no such Tribunal in West Bengal.

The bench passed the order after Advocate Soutik Banerjee sought clarification.

The matter arises out of a letter written by the petitioner to the Calcutta High Court Chief Justice in 2011 highlighting the plight of illegal migrants from Bangladesh who, despite completion of sentence for the offense under the Foreigners' Act, were being kept confined to correctional homes instead of being deported to their home country. The High Court took suo motu cognizance of the letter, but the matter was transferred to the Supreme Court in 2013.

Last year, a 2-judge bench led by Justice JB Pardiwala proposed transfer of the matter before CJI Kant's bench, which was dealing with petitions related to Rohingyas. Justice Pardiwala's bench also allowed bail for the illegal migrants detained in West Bengal prisons despite lapse of 3 years since expiry of their sentence, subject to the following conditions:

“(a) Execution of bond with two sureties of Rs.1,00,000/-(Rupees one lakh only) each of Indian citizens;

(b) He or she specifies verifiable address of stay after release;

(c) Biometric of his/her iris (if possible) and all ten fingerprints and photos shall be captured and stored in a secured database before release from the detention centres. He or she shall report once every week to the Police Station specified by the Foreigners Tribunal;

(d) He or she shall notify any change of his or her address to the specified Police Station on the same day, and

(e) A quarterly report to be submitted by the Superintendent of Police (Border) to the Foreigners Tribunal regarding appearance of such released declared foreigner to concerned Police Station and in case of violation of condition, the DFN will be apprehended and produced before Foreigners Tribunal.”

Yesterday, CJI Kant's bench clarified this order to say "jurisdictional trial court/Foreigners' Tribunal" in conditions (c) and (e).

Case : MS MAJA DARUWALA AND ANR. v. UNION OF INDIA |T.C.(Crl.) No. 1/2013