The Supreme Court on Thursday sought responses from the Union government and nine states on a public interest litigation (PIL) alleging that Bengali-speaking migrant workers were being detained on suspicion of being Bangladeshi nationals.
A bench of Justices Surya Kant and Joymalya Bagchi agreed to examine the plea filed by the West Bengal Migrant Welfare Board but declined to grant any interim relief against detentions. The court observed that an interim order could have repercussions, particularly for individuals who may have illegally crossed the border and are liable for deportation under the law.
“States where these migrant workers are working have the right to inquire from their state of origin about their bona fides, but the problem is in the interregnum. If we pass any interim orders, then it will have consequences, especially those who have illegally come from across the border,” the bench noted.
Advocate Prashant Bhushan, appearing for the petitioner, alleged that state authorities were harassing workers solely because they spoke Bengali or possessed documents in the language, citing a Ministry of Home Affairs (MHA) circular as the basis for such actions. He claimed that some detainees were even tortured during verification processes and urged the court to ensure that no one is detained while their bona fides are under inquiry.
The court, while refraining from immediate intervention, said there was a need to evolve a mechanism to protect genuine citizens from harassment. It directed the Centre and the states of Odisha, Rajasthan, Maharashtra, Delhi, Bihar, Uttar Pradesh, Chhattisgarh, Haryana, and West Bengal to file their responses.
The matter will be taken up after the affidavits are received.
