The Supreme Court of India on Friday granted the Union Government a final opportunity to clarify its stance on a plea seeking the return of individuals—alleged to be Indian citizens—who were summarily deported to Bangladesh last year.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi signaled that the court would proceed with a final hearing regardless of whether the Centre complies with the directive by the next date. “I will fix the plea for an early hearing,” Chief Justice Surya Kant remarked, emphasizing the urgency of the matter.
The case centers on the deportation of several families from the Rohini area of Delhi on June 27, 2024. The families, who worked as daily wage earners, claim they had resided in the capital for over two decades. They allege they were picked up by police on June 18 on suspicion of being “illegal immigrants” and pushed across the border just nine days later.
The legal battle reached the apex court after the Centre challenged a September 26, 2025, order by the Calcutta High Court. That order had quashed the deportation of Sunali Khatun, Sweety Bibi, and their families, labeling the government’s actions “illegal” and criticizing the “hot haste” with which the authorities acted.
The Supreme Court had previously intervened on December 3, 2024, allowing Sunali Khatun—who was pregnant at the time—and her eight-year-old child to re-enter India on “humanitarian grounds.” The court had directed the West Bengal government to provide medical care and ensure a free-of-cost delivery for Khatun in Birbhum district.
During Friday’s proceedings, Senior Advocates Kapil Sibal and Sanjay Hegde, representing Khatun’s father, Bhodu Sekh, argued that the Centre’s continued silence on the status of the remaining deportees was “bit unfair.” They noted that Khatun’s husband and other family members remain in Bangladesh and are seeking to return to their home district in West Bengal.
Solicitor General Tushar Mehta, appearing for the Centre, maintained a firm distinction between the government’s humanitarian concessions and the legal question of citizenship. Mehta contended that the government would contest the claim that the individuals are Indian citizens, asserting instead that they are Bangladeshi nationals.
However, the bench noted the gravity of the citizenship claims. Justice Joymalya Bagchi observed that if Sunali Khatun can establish her credentials as the daughter of Bhodu Sekh, a resident of West Bengal, it would be sufficient to establish her Indian citizenship.
The case also brings into focus the protocols for deportation. A 2025 Union Home Ministry memo stipulates that for suspected foreign nationals, an inquiry must be conducted by the relevant State or Union Territory government before deportation proceedings begin.
The Calcutta High Court had previously observed that the Delhi authorities bypassed these protocols. The High Court stated that the “overenthusiasm” shown by the Foreigner Regional Registration Office (FRRO) in Delhi “disturbs the judicial climate in the country” and violated the government’s own established guidelines.
The Supreme Court has now put the ball back in the Centre’s court, demanding a definitive stand before the final hearing commences.
