The Supreme Court has agreed to rehear a case concerning the indefinite detention of illegal Bangladeshi immigrants in India, scheduling the session for March 4 after the Central government sought to submit additional insights from the Ministry of External Affairs (MEA). This decision comes just a day after Justices J B Pardiwala and R Mahadevan initially reserved their verdict on the matter.
During Friday’s proceedings, Solicitor General Tushar Mehta, representing the Centre, highlighted the need for further deliberation due to the potential broader implications of the case. “We are conscious of the fact that we concluded the hearing of this matter and have reserved the judgment. However, having regard to the sensitive nature of the issue, we direct the registry to renotify this matter on March 4,” the bench stated, allowing the government to file an additional affidavit.
The case, originally filed in 2013 and transferred from the Calcutta High Court, centers on the plight of illegal immigrants from Bangladesh who, despite serving their sentences under the Foreigners Act, continue to be held in correctional facilities instead of being deported.
On February 13, the Supreme Court voiced its concern over the treatment of these immigrants, questioning the necessity of keeping them in prison-like conditions post-conviction, and the processes involved in confirming their nationalities before deportation. The court pointed out the paradox in the MEA’s role in verifying the nationality of individuals whose illegal entry into India was already established and penalized.
The matter was brought to judicial attention through a letter by an organization that outlined the ongoing detention of Bangladeshi nationals in West Bengal’s correctional homes. The Supreme Court’s January 30 order highlighted this issue, raising questions about the post-conviction management of illegal immigrants.
