Supreme Court to Facilitate Return of Pregnant Woman and Son Deported to Bangladesh
Union Government's Commitment to Humanitarian Grounds
On Wednesday, the Union government informed the Supreme Court of its intention to repatriate Sunali Khatun, a pregnant woman from West Bengal, along with her eight-year-old son, who were forcibly sent to Bangladesh under allegations of being undocumented immigrants.
Solicitor General Tushar Mehta addressed a bench led by Chief Justice Surya Kant and Justice Joymalya Bagchi, stating that Khatun and her son, Sabir, would be brought back following due process, while maintaining the government's stance on the matter.
Earlier in the week, the bench had inquired whether Khatun and her son could return to India on humanitarian grounds, considering her advanced pregnancy, and sought guidance on their re-entry through the Malda border.
Khatun, her son, husband Danish Sk, and another family led by Sweety Bibi, were released on bail in Bangladesh after being imprisoned for over three months for 'illegal entry' following their deportation in June.
They were freed from Chapainawabganj jail around 7:30 PM after a local court granted bail on humanitarian grounds, with a Bangladeshi citizen providing a surety of 5,000 taka.
The court acknowledged the presence of a pregnant woman and children in the group, leading to their release, although it mandated that they remain in Bangladesh and report to the court as needed.
Khatun and her family assert their origins from Birbhum district in West Bengal. They were detained in Delhi on June 20 and subsequently deported to Bangladesh six days later.
On September 26, the Calcutta High Court annulled the deportation order for the six individuals, instructing their return to West Bengal within four weeks, following a petition from Khatun’s father, Bhodu Sekh.
Just before the deadline, the Union government contested the High Court's ruling in the Supreme Court, questioning its jurisdiction over the case.
In its recent ruling, the Supreme Court noted the Solicitor General's agreement to facilitate Khatun's return, emphasizing that she would be brought back to Delhi, where she was initially detained.
However, the bench suggested relocating her to her father's town in Birbhum for better support, and directed the West Bengal government to provide free medical care for Khatun and her son.
During the proceedings, advocate Kapil Sibal, representing the West Bengal government, urged the Union government to consider repatriating the other four individuals who were also deported.
Mehta countered, asserting that they were Bangladeshi nationals and that the Union government had substantial grounds for contesting their claims. He expressed surprise at the state government's involvement in seeking protection for them.
The bench remarked that if Khatun could prove her biological connection to Bhodu Sekh, an Indian citizen, she might also establish her Indian citizenship.
The Supreme Court is scheduled to revisit the case on December 12.
Previously, the Supreme Court had suggested that the Union government should bring back all six individuals to allow for a hearing, to which the Solicitor General responded that he could demonstrate their foreign status.
Since May, numerous Bengali-speaking migrant workers have been detained in BJP-ruled states, compelled to prove their Indian citizenship amidst claims of being undocumented immigrants.
In many instances, individuals have been labeled as foreigners and forcibly sent to Bangladesh, despite their Indian citizenship.
Following the Union government's recent submission regarding Khatun, Trinamool Congress MP and West Bengal Migrant Workers Welfare Board chairperson Samirul Islam expressed that justice has finally been served after a prolonged struggle.
On social media, Islam highlighted that Khatun was 'illegally deported to Bangladesh merely for speaking Bengali,' emphasizing her ordeal as a clear example of the BJP's anti-Bengali stance.
He concluded that the relentless efforts of this woman ultimately led to her victory in the Supreme Court.