In a major development, the Central Government on Friday informed the Supreme Court that it will bring back a group of individuals who were previously deported to Bangladesh to formally verify their claims of Indian citizenship.
The decision marks a significant shift in a closely watched legal battle concerning alleged wrongful deportations. Solicitor General Tushar Mehta, representing the Centre, told a Supreme Court bench headed by Chief Justice Surya Kant that the government made this decision keeping in view the “peculiar facts and circumstances” of the case, emphasizing that it should not be treated as a precedent for other matters.
“The government would bring them back and thereafter examine their status. Depending upon the outcome, we will take steps accordingly,” Mehta informed the bench, which also included Justices Joymalya Bagchi and Vipul M Pancholi.
The Solicitor General estimated that the process to repatriate the individuals back to India would take approximately 8 to 10 days. Following this update, the Supreme Court scheduled the next hearing for July.
The Origins of the Dispute: Allegations of ‘Hot Haste’ Deportations
The Supreme Court was hearing an appeal filed by the Centre challenging a September 26, 2025, order of the Calcutta High Court. The High Court had quashed the central government’s decision to deport West Bengal residents Sunali Khatun, Sweety Bibi, and their families to Bangladesh, declaring the action “illegal.”
According to petitions filed by the families, the ordeal began on June 18 last year when Delhi Police detained daily wage earners living in Sector 26 of the Rohini area on suspicion of being illegal immigrants. Despite having lived and worked in the area for over two decades, the families were pushed across the border into Bangladesh on June 27 last year, where they were reportedly arrested by local police.
In two habeas corpus petitions, Bhodu Sekh claimed his daughter Sunali Khatun, her husband Danesh Sheikh, and their five-year-old son were detained and deported. Similarly, Amir Khan, a resident of the same Birbhum neighborhood in West Bengal, petitioned on behalf of his sister, Sweety Bibi, and her two children, who were taken under identical circumstances.
High Court Blasts Violation of Home Ministry Protocols
In its September 2025 ruling, the Calcutta High Court severely criticized the deportation process, noting that the authorities acted in “hot haste” and in direct violation of established state protocols.
Under a Union Home Ministry memorandum dated May 2, 2025, the Foreigner Regional Registration Office (FRRO) is required to coordinate with state or Union Territory governments to conduct a formal inquiry before initiating deportation.
The High Court observed that these guidelines were bypassed. “The detainees have their relations residing in the State of West Bengal… the kind of overenthusiasm in deporting the detainees, as visible herein, is susceptible to misunderstanding and disturbs the judicial climate in the country,” the High Court had remarked. It rejected the government’s request for a temporary stay and ordered the Centre to repatriate the six deported citizens within a month.
Supreme Court’s Prior Humanitarian Intervention
Prior to Friday’s breakthrough, the Supreme Court had already intervened on humanitarian grounds. On December 3 last year, the apex court permitted the temporary entry of a pregnant Sunali Khatun and her eight-year-old child back into India, months after they had been pushed into Bangladesh.
At the time, the top court directed the West Bengal government to care for the minor and ordered the chief medical officer of Birbhum district to provide free-of-cost medical assistance and delivery services to Khatun. The court noted that this temporary entry was granted purely on humanitarian grounds, without prejudice to the legal merits of the case, and stated the mother and child would remain under surveillance.
However, progress on the wider group of deportees remained stalled, leading the Supreme Court on April 24 to issue a final opportunity for the Centre to clarify its stance.
During the proceedings, senior advocates Kapil Sibal and Sanjay Hegde, representing Khatun’s father, Bhodu Sekh, criticized the Centre’s silence on the matter, calling it “bit unfair” that the government had not formally apprised the court of its views.
With the Centre now agreeing to bring the deported individuals back to Indian soil within the next 10 days, the upcoming July hearing is expected to focus on the subsequent citizenship verification process and the legal status of the returned families.
