SC Flags Need to Protect Against Illegal Bangladeshi Migrants

The Supreme Court on Thursday acknowledged the need to safeguard the country against illegal migration from Bangladesh while agreeing to hear a petition filed by the West Bengal Migrant Workers Welfare Board challenging the detention of Bengali-speaking migrant workers in various states.

A Bench of Justice Surya Kant and Justice Joymalya Bagchi was hearing the plea, which alleges that migrant workers from West Bengal, particularly Bengali Muslims, are being indiscriminately detained on suspicion of being Bangladeshi nationals, only to be later verified as Indian citizens.

Appearing for the petitioner, Advocate Prashant Bhushan claimed that police in several states have been detaining individuals purely on linguistic and regional grounds. He argued that such detention during verification has no backing under the Foreigners Act and is causing fear and harassment among lawful citizens, with some detainees allegedly facing torture in detention centres.

The Court emphasised the importance of balancing citizens’ rights with national security concerns. Justice Kant observed that “states where these migrant workers are working have the right to inquire from their state of origin about their bona fides,” adding that “the problem is in the interregnum” before verification is complete. He cautioned that if someone has entered illegally from across the border, detention may be necessary to prevent disappearance before deportation under the law.

Justice Bagchi asked whether any system currently exists to verify a migrant worker’s place of origin before detention. The Bench discussed potential solutions, including creating a nodal agency to coordinate between home and host states and issuing “origin cards” that could be recognised nationwide to establish legal status without arbitrary detention.

The petition, filed under Article 32 through AoR Kunal Chatterji, challenges what it calls the “systemic and arbitrary” detention and deportation of West Bengal migrant workers under a Ministry of Home Affairs (MHA) letter dated May 2, 2025. The letter authorises inter-state verification and detention of “suspected illegal immigrants.”

According to the petition, despite possessing valid citizenship documents such as Aadhaar cards, voter IDs and ration cards, many migrant workers have been detained for extended periods without charge. It alleges that police officials in several states have mischaracterised the Bengali language as “Bangladeshi” and have classified Indian citizens as foreigners solely based on their speech or place of origin, amounting to discrimination and violation of Articles 14, 15, 21 and 22 of the Constitution.

The petition alleges that between February and July 2025, hundreds of workers, mostly engaged in low-income informal jobs, were detained across Rajasthan, Uttar Pradesh, Maharashtra, Odisha, Haryana, Jharkhand, Delhi, and Chhattisgarh, despite holding valid proof of Indian citizenship. It claims some were wrongfully deported to Bangladesh and later brought back after verification.

According to the plea, the MHA letter is “vague, arbitrary, and unconstitutional” as it lacks objective criteria and safeguards, enabling misuse and discrimination based on language, region, or socio-economic status. It also argues that West Bengal was not consulted before issuing the letter, violating principles of cooperative federalism.

While issuing notice to the Union of India and the states concerned, the Bench refused to grant any interim relief against detention, warning that ex parte orders could have unintended consequences for border security. The matter will be heard next on August 29.

Case Title: West Bengal Migrant Workers Welfare Board v. Union of India

Bench: Justice Surya Kant and Justice Joymalya Bagchi