The Supreme Court has questioned the Union Government on why hundreds of illegal Bangladeshi immigrants are being held in detention centers indefinitely instead of being deported to their home country. A bench comprising Justice JB Pardiwala and Justice R Mahadevan has sought clarification from the government on this matter.
The Supreme Court remarked:
If an illegal Bangladeshi immigrant has been apprehended and convicted under the Foreigners Act, 1946, they should be deported to their native country immediately after completing their sentence."
"What is the logic behind keeping them in detention centers indefinitely?"
The court further pointed out that approximately 850 illegal immigrants are currently detained in correctional homes and demanded the exact number from the Union Government.
Background
This case, Maja Daruwala v. Union of India (Transfer Case (Criminal) No. 1/2013), was transferred to the Supreme Court in 2013. The matter originally arose in 2011 when a letter was sent to the Chief Justice of the Calcutta High Court, highlighting that illegal Bangladeshi immigrants were being detained in correctional homes even after completing their sentences.
The Calcutta High Court took suo motu cognizance of the issue and later transferred the case to the Supreme Court. Now, the Supreme Court has asked both the Union and the State Governments to clarify their positions on this matter.
The Ministry of Home Affairs issued a circular in 2009 stating:
"Illegal Bangladeshi immigrants should be deported once their nationality is confirmed."
"If a Bangladeshi national is found residing in India without authorization, they should be detained in a detention center until their nationality is verified."
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The Supreme Court countered this by stating:
"If an immigrant has already been convicted under the Foreigners Act, 1946, why does their nationality still need to be verified?"
The court further emphasized that if deportation must be completed within 30 days, then why is the process being delayed?
The Supreme Court also questioned the West Bengal Government’s role in this matter:
"What role does the State of West Bengal have in this litigation, and what steps has it taken?"
Additionally, the court asked the Union Government to clarify what is expected of the West Bengal Government in such cases.
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The Supreme Court has granted a final opportunity to both the Union and the West Bengal Government to submit their responses in the form of a report or affidavit. The next hearing for this case is scheduled for February 6, 2025.
"We are giving one last opportunity to both the Union and the State Government to present their stance."
"This matter will be heard as a priority on February 6, 2025."
