SC URGES CENTRE TO RECONSIDER RETURN OF PREGNANT WOMAN AND CHILD DEPORTED TO BANGLADESH ON HUMANITARIAN GROUNDS:

The Supreme Court on Monday asked the Union government to obtain instructions on whether it would be possible to bring back a pregnant woman and her eight-year-old son who were recently deported to Bangladesh. The Court emphasized that their situation should be assessed purely on humanitarian grounds. The matter was heard by a bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi, which scheduled the next hearing for December 3.

Senior Advocate Sanjay Hegde, appearing for the respondents, informed the Court that Sonali Khatoon, the daughter of Respondent Bhodu Sekh, had been deported despite being in an advanced stage of pregnancy. He added that her minor son, Sabil, had also been sent back to Bangladesh with her. Solicitor General Tushar Mehta represented the Union government, while Senior Advocate Kapil Sibal appeared for the State of West Bengal.

The case arose out of a petition filed by the Union government challenging a Calcutta High Court order directing that individuals deported to Bangladesh be brought back. After hearing the submissions, the Chief Justice observed that the woman’s condition required special consideration and asked the Solicitor General to obtain instructions specifically with respect to her and the child. He clarified that this request was being made solely on humanitarian considerations. The Solicitor General agreed to seek instructions but expressed concern over the precedent such an action might create. In response, the Chief Justice remarked that the government could resolve the issue without placing anything formal on the record.

Hegde, meanwhile, highlighted that separating the mother from her child would cause additional hardship. He also noted that the children’s father had been deported as well, although the bench did not make any specific observation regarding that aspect.

This was not the first time the Supreme Court had encouraged the Union government to consider returning the deportees to give them an opportunity to be heard. The issue reached the Court following a Calcutta High Court judgment issued in September. In that judgment, the High Court directed that the deported individuals be repatriated within four weeks after determining that the procedure followed during their deportation was irregular, regardless of their eventual nationality. The High Court held that questions concerning citizenship required examination of documents and evidence before the appropriate judicial forum.

The proceedings began when Bhodu Sekh approached the High Court with a habeas corpus petition seeking the production of his daughter, son-in-law, and grandson. He asserted that he was a permanent resident of West Bengal and that his daughter and son-in-law, Indian citizens by birth had relocated to New Delhi for employment. According to him, during an identity verification drive, his family members were detained and wrongfully deported on June 26, 2025, despite his daughter’s advanced pregnancy. He informed the Court that the FRRO, Delhi, had been repatriating alleged illegal migrants from Bangladesh based on a Ministry of Home Affairs instruction dated May 2, 2025. However, he argued that no proper inquiry was conducted as required under the Union government’s guidelines, and the deportation occurred within two days.

The authorities, however, contended that the detainees had told the police they were Bangladeshi nationals and failed to produce documents such as Aadhaar, ration cards, or voter IDs to establish Indian citizenship. The High Court held that even if such statements were made, the law presumes that statements to police may be involuntary and potentially obtained through pressure. It ultimately ordered their repatriation within four weeks.