The Supreme Court on Friday asked the Union government to clarify the standard operating procedures (SOPs) for deporting illegal migrants, particularly to Bangladesh, while raising questions on whether speaking a language like Bengali can be the basis for treating someone as a foreigner.
New Delhi
A bench of Justices Surya Kant, Joymalya Bagchi and Vipul M Pancholi sought the Centre’s response on procedures adopted for identifying and deporting illegal immigrants. The court also asked whether India needed to consider erecting a wall like the United States to curb cross-border infiltration.
The petition, filed by the West Bengal Migrant Welfare Board, alleged that Bengali-speaking workers were being indiscriminately detained on suspicion of being Bangladeshi nationals. Advocate Prashant Bhushan, appearing for the petitioner, claimed that even a pregnant woman was pushed across the border without due process, solely because she spoke Bengali.
The bench stressed that India shares a cultural and linguistic heritage with neighbouring countries, especially in Punjab and Bengal, where the same languages are spoken but divided by borders. Justice Bagchi asked the Centre to clarify if the use of Bengali was being wrongly presumed as proof of foreign nationality.
Solicitor General Tushar Mehta, representing the government, denied any such presumption and said infiltration was systematic, aided by organised agents. He argued that individuals must establish legitimate legal presence in India and that national security and resource preservation remain paramount.
The court observed that deportation must distinguish between those caught attempting entry and those already residing in India, who must first be given an opportunity to prove citizenship.
The matter will be heard again in the second week of September, with the Centre directed to file its detailed response.
