'Cannot overlook...ground realities': SC refuses ban on illegal Bangladeshi immigrants
What's the story
The Supreme Court has refused to pass an interim order in a case concerning the detention of Bengali-speaking migrant workers. The petition alleged that Muslim migrant laborers from West Bengal were being rounded up and detained based on unproven claims of being foreigners who had illegally entered India from Bangladesh. A bench headed by Justices Surya Kant and Joymalya Bagchi, however, decided not to issue any immediate orders, citing possible consequences for those who may have entered India illegally.
Verification system
Need for verification mechanism emphasized by bench
"What if an infiltrator enters illegally? If you don't detain, the writing on the wall is that they will disappear," the bench said. At the same time, the bench stressed the need for a verification mechanism to confirm the origins of migrant workers. "May be some card from place of origin and authorities from other State can accept the bona fide," Justice Kant said.
Circular challenge
Petition challenges Union Home Affairs Ministry circular
The court was hearing a petition filed by the West Bengal Migrant Workers Welfare Board through advocate Prashant Bhushan, who alleged harassment and, in some cases, torture of Bengali-speaking workers based on their language and documents. "Authorities are randomly picking up Bengali Muslims claiming them to be Bangladeshis and when it is verified, it is seen they are Indians. Some were deported and then it was verified and then taken back (to India)...Let them verify," Bhushan said.
Bhushan
Petitioner sought withdrawal of government circular
The petition also challenged a circular from the Union Home Affairs Ministry in May 2025, which allowed inter-state verification and detention of suspected illegal immigrants. The petitioner argued that various states are abusing this law to target and arrest Bengali migrant laborers based only on their religion or the fact that they speak Bengali. "This mass and arbitrary detention...directly infringes on their right to personal liberty under Article 21," the plea filed through Advocate Kunal Chatterjee said.
Notice issued
Court issues notices to Centre and 9 states
The petitioner sought the withdrawal of this circular and the release of detained workers. After hearing the arguments, the court issued notices to the Centre and nine states—Odisha, Rajasthan, Maharashtra, Delhi, Bihar, Uttar Pradesh, Chhattisgarh, Haryana, and West Bengal—seeking their responses. The court will hear the case next on August 25.