The Supreme Court heard a Public Interest Litigation filed by the West Bengal Migrant Workers Welfare Board and its Chairman, MP Samirul Islam, challenging the detention and deportation of migrant workers from West Bengal on suspicion of being Bangladeshi citizens. The matter came up before a Bench comprising Justices Surya Kant, Joymalya Bagchi, and Vipul M. Pancholi.
Senior advocate Prashant Bhushan, appearing for the petitioners, argued that migrant workers, particularly Bengali-speaking Muslims, were being arbitrarily detained in states such as Odisha, Rajasthan, Uttar Pradesh, Maharashtra, and Delhi, and in some cases, deported to Bangladesh without due process. He cited instances where Indian citizens possessing valid documents were pushed across the border, with one such woman later arrested by Bangladeshi authorities as an Indian citizen. Bhushan stressed that deportation without determination of nationality violated both constitutional protections and international law.
The Bench noted that habeas corpus petitions pending before the Calcutta High Court could not be adjourned merely because of the pendency of the PIL in the apex court, and requested the High Court to take up such cases expeditiously, including verification of the citizenship status of affected persons. The Court also questioned how deportations could be justified in the absence of Foreigners’ Tribunals outside Assam.
Solicitor General Tushar Mehta, representing the Union, contended that national security and prevention of illegal immigration had to be considered, and questioned why associations were filing petitions instead of affected individuals themselves. The Bench, however, observed that presumptions based solely on language or region could not justify deportation, emphasizing the need for a fair procedure before branding anyone as a foreigner.
The Court issued notice on the petitioners’ application, clarified that its proceedings would not stall habeas corpus matters before the High Court, and granted liberty to raise prayers for ascertainment of citizenship in those proceedings. The Bench also indicated that the present case may be heard along with the pending petitions concerning Rohingya deportations.