Supreme Court examines humanitarian return of a pregnant woman and her son deported to Bangladesh, stressing urgent relief and due process concerns.
Case in NewsSupreme Court reviews Humanitarian Return Of Deported Mother & Child amid urgent deportation concerns . |
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Case Overview
Case Name: Union of India vs. Bhodu Sekh & Ors., SLP (Crl.) No. 18658/2025
The Supreme Court of India, led by CJI Surya Kant and Justice Joymalya Bagchi, heard the Union Government’s challenge to the Calcutta High Court’s direction ordering the return of several Bangladesh deportees . Central to the hearing was Sonali Khatoon, a pregnant woman deported along with her eight-year-old son . The bench urged the Centre to reconsider her case solely on humanitarian grounds . Senior Advocates Sanjay Hegde and Kapil Sibal appeared for the respondents and State while Solicitor General Tushar Mehta represented the Union .
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Key Aspects
Before examining the legal questions, it is necessary to understand the factual background surrounding the detention and deportation . These points highlight how the verification process, documentation and alleged admissions created major inconsistencies .
- Deportation occurred within two days during an identity-verification drive without proper inquiry .
- Petitioner claimed his daughter and family were Indian citizens by birth and long-term West Bengal residents .
- Woman was in an advanced stage of pregnancy and deported along with her minor son .
- Authorities relied on alleged admissions that the detainees were Bangladeshi nationals .
- High Court held such statements to police could be involuntary and required further scrutiny .
Legal Insights
Before analysing the Court’s approach, the applicable legal framework must be understood . These provisions determine due process requirements in citizenship disputes and deportation actions .
- Article 14 & Article 21, Constitution of India– Guarantee equality and protection of life and personal liberty requiring fair procedure before deportation .
- Foreigners Act, 1946 – Mandates proper inquiry and determination of nationality before removal from India .
- Evidence Law Principle (Police Admissions Not Conclusive) – Statements to police lacking voluntariness cannot form the sole basis for deportation .
- MHA Instructions dated 02.05.2025 – Require detailed verification before repatriation, which was allegedly bypassed .
Court’s Verdict
The Supreme Court of India directed the Centre to obtain instructions on bringing back the pregnant woman and her child purely on humanitarian grounds . While avoiding wider observations on precedent, the bench emphasized that immediate relief for the vulnerable individuals must be prioritized . The matter is scheduled for further hearing on December 3 .
Source – Supreme Court of India
Read also – Constitution of India
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