• Source:JND

The Supreme Court on Friday directed the Centre to apprise it about the standard operating procedures followed during the deportation of illegal immigrants, especially to Bangladesh, while hearing a plea alleging detention of Bengali Muslims on suspicion of being Bangladeshi nationals.

The apex court's bench of Justices Surya Kant, Joymala Bagchi, and Vipul M Pancholi also asked the Centre whether it wants to erect a border wall like the US.

While making observations, Justice Bagchi said that the court is facing two very sensitive issues. On the one hand, there is a genuine national security concern, and on the other hand, India has the same legacy of culture and language as its neighbours.

The petition has been filed by the West Bengal Migrant Workers Welfare Board. The top court has made Gujarat the 10th state to be a party. The bench also issued notice to the Centre and 10 states.

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Solicitor General of India Tushar Mehta, appearing for the Centre, objected to the petition, saying that it was filed by an organisation and no aggrieved parties were present before the court.

"This court should not entertain petitions filed by these organisations and associations, which may be supported by some state governments. There are no aggrieved parties before the court. We know how some state governments thrive on illegal immigrants. Demographic changes have become a serious issue," he said.

When the court said that the aggrieved were perhaps unable to reach the court for want of resources, Mehta referred to advocate Prashant Bhushan, who was appearing for the petitioner, and said such public spirited persons" must help them in approaching the court besides helping people in the US where the issue over illegal immigration was big.

Subsequently, Justice Bagchi asked Mehta, "Do you want to build a border wall like in America to prevent illegal immigrants from entering India?"

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To this Mehta replied, "Certainly not but there are no individual complainants. How can the Union of India reply to the vague allegations made in the petition. Let some individual come saying I am being pushed out. We are trying to ensure immigrants don't eat away at our resources. We can't go by media reports. There are agents who facilitate illegal entry into the country."

Bhushan alleged in the court that Bengali Muslims were being picked up and pushed forcefully into Bangladesh. He referred to the case of a pregnant woman, who was pushed into Bangladesh and asked for an interim relief from the pushback circular of the MHA. The court did not give the stay.

The ciruclar was issued by the MHA in May 2025, in the aftermath of the Pahalgam terror attack.

(With PTI Inputs)