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Synopsis

The Supreme Court has asked the Centre as to why illegal immigrants from Bangladesh are kept in detention or correctional homes indefinitely after completing their sentences. It pointed out that a government circular requires deportation and verification processes to be completed within 30 days.

"We would like to understand from the respondents that once an illegal immigrant from Bangladesh has been convicted for the alleged offence, is it not established that he is not a citizen of India? What is the idea in keeping hundreds of such illegal immigrants in detention camps or correctional homes for an indefinite period of time? The Union of India owes an answer to all the questions put by us," a bench of Justices J B Pardiwala and R Mahadevan said.

Dealing with a 2013 petition, the bench noted that when the petition was filed, it appeared that there were almost 850 illegal immigrants detained in the correctional homes.

"We would like to know the figure as on date. How many illegal immigrants as on date are in various detention camps/ correctional homes after being convicted and having undergone the entire sentence under the Foreigners Act," the bench asked.

Posing a series of questions, the bench felt the pivotal issue for consideration was that if an illegal immigrant from Bangladesh after being apprehended and proceeded under Section 14A(b) of the Foreigners Act, 1946 is convicted and sentenced to undergo a particular term of imprisonment then after he completes his term of sentence should be immediately repatriated/deported to his own country or should he be kept for an indefinite period in the correctional homes in India.

"The only confusion in our mind is that once an illegal immigrant is put to trial and is held guilty then what is the requirement for further verification of his nationality at the end of the Ministry of External Affairs," the bench said.

The court also took cognizance of Clause 2(v) of the circular issued by the Government of India on November 25, 2009.

"The plain reading of Clause 2(v) indicates that the entire exercise is to be completed i.e. the exercise of deportation, verification etc. within a period of 30 days. We want to know why this Clause 2(v) is not being strictly complied with," the bench asked the Union government.

Petitioners Maja Daruwala, a public-spirited citizen associated with an organisation by the name of Common Health Human Rights Initiative (NGO) addressed a letter on May 2, 2011, to the Chief Justice of the High Court of Judicature at Calcutta highlighting the plight of illegal immigrants from Bangladesh who after being convicted for the offence under the Foreigners Act were being kept confined to correctional homes.

By an order of May 13, 2011, the High Court took suo motu cognizance of the letter and issued notice to the West Bengal government.

Thereafter the petitioners preferred a transfer petition before the apex court, which was allowed.

"It appears that almost 12 years have passed by, but till this date there is no further progress," the bench said.

The petitioners challenged the validity of the circulars issued by the West Bengal government on March 6, 2007 and Union government on November 25, 2009.

"We would also like to know from the State of West Bengal whether they have any role to play in this litigation. We would also like to know from the Union of India what is expected of the State of West Bengal to do in these type of matters," the bench said in its order passed on January 30, 2025.

The court granted one last opportunity to both the Union of India as well the State of West Bengal to place their stance on record by way of an appropriate report or an affidavit explaining all the relevant aspects of the matter. It scheduled the matter for further hearing in February.

Case Title: Ms Maja Daruwala & Anr Vs State of West Bengal & Anr