Citizenship check: Indian govt tells SC it will bring back deportees sent to Bangladesh

The Indian government has told the Supreme Court that it will bring back some people who were deported to Bangladesh and then verify their claims of Indian citizenship.

Solicitor General Tushar Mehta, representing the government, told a bench headed by Chief Justice Surya Kant yesterday (22 May) that, considering the specific circumstances of the case and without treating it as a precedent, the government had decided to bring them back to India.

"The government would bring them back and thereafter examine their status. Depending upon the outcome, we will take steps accordingly," Tushar told the bench, which also included Justices Joymalya Bagchi and Vipul M Pancholi.

He said it could take eight to 10 days to bring the individuals back to India.

The case concerns several people who were allegedly deported to Bangladesh after being suspected of being Bangladeshi nationals, despite claims that they were Indian citizens.

On 3 December last year, the Supreme Court allowed, on humanitarian grounds, the entry of Sonali Khatun and her eight-year-old child into India, months after they had been pushed into Bangladesh.

The court directed the West Bengal government to look after the child and asked the chief medical officer of Birbhum district to provide all necessary medical assistance to the pregnant woman, including free delivery services.

On 24 April, the apex court gave the Indian government a final opportunity to clarify its position on the matter.

Senior lawyers Kapil Sibal and Sanjay Hegde, representing Sonali's father Bhodu Sheikh, argued that the central government had not adequately informed the court of its views.

Earlier, the court noted Mehta's submission that the competent authority had agreed to allow Sonali and her child into India solely on humanitarian grounds and without prejudice to the government's legal position. It also said they would remain under surveillance.

According to Bhodu, the affected families had worked as daily wage earners in Delhi's Rohini area for more than two decades. He alleged they were detained by police on 18 June last year on suspicion of being Bangladeshi nationals and were pushed across the border on 27 June.

On 26 September last year, the Calcutta High Court set aside the Centre's decision to deport Sonali and Sweety Bibi, both residents of Birbhum district, along with their families after they had been labelled as illegal immigrants

The court directed the Centre to bring back the six deported individuals within a month and rejected a request by the government to stay the order.

The ruling came in response to two habeas corpus petitions.

One was filed by Sonali Sheikh, who alleged that his daughter, her husband Danesh Sheikh and their five-year-old son had been detained in Delhi and pushed into Bangladesh.

The second was filed by Amir Khan, who claimed his sister Sweety Bibi and her two children had been similarly detained and deported.

The deportees were later reportedly arrested by Bangladesh police.

In its affidavit before the high court, the Centre said the Foreigners Regional Registration Office in Delhi had been repatriating illegal Bangladeshi migrants in line with a Union home ministry directive issued on 2 May 2025.

The directive states that state governments or Union territories must first conduct an inquiry into suspected Bangladeshi or Myanmar nationals residing unlawfully before any deportation process is initiated.

In its order, the high court observed that the deportation proceedings had been conducted "in hot haste" and in violation of the procedures outlined in the directive.

"The detainees have their relations residing in the State of West Bengal … the kind of overenthusiasm in deporting the detainees, as visible herein, is susceptible to misunderstanding and disturbs the judicial climate in the country," the court said.