NEW DELHI: The Supreme Court on Wednesday permitted the entry of a pregnant woman and her eight-year-old child into India on “humanitarian grounds,” months after the pair had been pushed into Bangladesh.The Supreme Court was hearing the Centre’s challenge to the Calcutta High Court’s September 26 order, which struck down the government’s move to deport Khatun, Sweety Bibi and their families to Bangladesh after labelling them “illegal immigrants.” The high court had called the deportation decision itself “illegal.”
A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi directed the West Bengal government to look after the minor and instructed the Birbhum district chief medical officer to ensure full medical support for the woman, Sunali Khatun, including a free delivery.The bench noted solicitor general Tushar Mehta’s statement that the competent authority had agreed to allow the woman and her child into India purely on humanitarian grounds, without affecting any rights or claims, and that they would be kept under “surveillance.”This followed the Supreme Court’s December 1 direction asking the Centre to consider permitting their entry, also on the condition that they remain under “surveillance.”The Supreme Court had earlier asked Mehta to seek instructions on permitting the woman, who is in an advanced stage of pregnancy, to enter India through the India–Bangladesh border at Malda in West Bengal.The woman’s father said the family had lived as daily-wage workers in Delhi’s Rohini Sector 26 for more than two decades when police detained them on June 18 on suspicion of being Bangladeshi nationals. Sunali, her husband, Danish Sekh and their son were later taken into custody and, on June 27, were deported to Bangladesh.Also read: ‘Night at thana’: Was very scared, couldn’t sleep one bit, says SunaliDuring the hearing, the bench noted that the woman and her eight-year-old child, allowed to re-enter India, would ultimately be brought back to Delhi, from where they were picked up and pushed across the border in June, as cited by PTI. However, senior advocates Kapil Sibal and Sanjay Hegde, appearing for Khatun’s father, urged the court to direct that she be taken instead to her home district of Birbhum in West Bengal, where her family resides. They also informed the bench that others, including Khatun’s husband, remained in Bangladesh and sought directions for their return as well, subject to instructions from the Centre.Mehta maintained that he would challenge their claim of Indian citizenship, insisting the family were Bangladeshi nationals and that the government’s decision to admit the woman and her child was purely on humanitarian grounds.Justice Joymalya Bagchi observed that if Khatun could establish that she is the daughter of Bhodu Sheikh, it would be sufficient to prove her Indian citizenship.The court has listed the matter for further hearing on December 10.As per a May 2, 2025, memo issued by the union home ministry, Bangladesh and Myanmar nationals found residing illegally in any state or Union territory will first be subject to an inquiry by the respective state or UT government, after which the deportation process will be initiated.
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