Centre tells Supreme Court it will bring back deported Bangladeshi woman, son
These are cases where law has to bend for humanity, a bench of Chief Justice of India Surya Kant said.
Court was further told today that the deportation was carried out through official channels.
The Central government today agreed to bring back a pregnant woman deported to Bangladesh earlier this year along with her eight-year-old son, after the Supreme Court urged that the matter demanded humanity over technicalities.
A CJI Surya Kant led bench recorded the Centre’s undertaking and directed that the woman be provided immediate medical assistance and permitted to reside near her family in Birbhum, West Bengal.
Solicitor General Tushar Mehta told a bench of CJI Surya Kant and Justice Jymalya Bagchi that Sunali Khatun and her son Sabir could be brought back to India “on humanitarian grounds” and kept under appropriate surveillance.
Court was further told today that the deportation was carried out through official channels, a judicial order recording the government’s position was necessary to enable diplomatic procedures.
In its order, the CJI Kant led bench has recorded that Sunali, who is in an advanced stage of pregnancy, must receive urgent medical supervision. Taking note of a request by senior advocates Kapil Sibal, appearing for the state of West Bengal, and Sanjay Hegde, appearing for Sunali, the court directed that she be allowed to travel to and temporarily reside in Birbhum district, near her close relatives.
“The Chief Medical Officer of Birbhum is directed to provide all medical facilities, including delivery-related amenities free of cost. As her eight-year-old child will also accompany her, the child will be provided all assistance,” the order adds.
Supreme Court has clarified that its order is confined to humanitarian relief for Sunali and her child and does not prejudice the Centre’s legal arguments.
Notably, the Centre has filed an SLP against the Calcutta High Court order from September 26, directing that six persons deported to Bangladesh in June be brought back and given full opportunity to prove their Indian citizenship. The deportees included Sunali, her minor son and husband, who lived in Delhi’s Rohini area where she worked as a domestic help.
Two days back, Supreme Court had asked the Centre to consider the temporary return of Sunali and had said, “We are treating this on humanitarian grounds. You take instructions and let us know by Wednesday.”
Before the High Court, the Centre had maintained that the deportation was warranted due to failure to furnish valid identity proof.
Case Title: UNION OF INDIA Vs BHODU SEKH
Hearing Date: December 3, 2025
Bench: CJI Kant and Justice Bagchi