The petitioners alleged that the families, who had been working as daily wage workers for over two decades in Sector 26 of Delhi’s Rohini area, were detained by the AN Katju Marg police on June 18 on suspicion of being Bangladeshis and subsequently pushed across the border on June 27. Photo credit: Getty Images/iStockphoto
The Supreme Court on Monday (Dec 1, 2025) asked the Center to consider allowing a pregnant woman and her child, who were pushed into Bangladesh earlier this year, to enter India on “humanitarian grounds” while keeping them under “surveillance”.
Supreme Court Justice Surya Kant and Justice Joymalya Bagchi asked Advocate General Tushar Mehta to seek directions to allow the woman, who is in an advanced stage of pregnancy, to enter India through the Indo-Bangladesh border at Malda in West Bengal.
“Give us two days to seek instructions on the matter. We understand that the court is asking us to consider the case on humanitarian grounds. We will look into it,” Mr Mehta said as he pressed the court for some time.
Senior advocate Sajay Hegde, appearing for Bhoda Sheikh, father of the woman, Sonali Khatun, said they were waiting on the Bangladesh side to enter India.
He said their deportation to Bangladesh was held illegally and they are Indian citizens.
The bench said the Center may consider allowing the pregnant woman and her child to enter India and keep her under “supervision” in a hospital to avoid further complications.
Mr. Hegde said that if the Center allows a pregnant woman, then her husband should also be allowed to enter India as he cannot be left behind.
The Supreme Court posted the matter for hearing on December 3 and asked Mr. Mehta to seek directions on the matter.
Calcutta High Court on Deportation
The bench was hearing the Centre’s plea challenging the Calcutta high court’s September 26 order quashing the central government’s decision to deport Sonali Khatun and others to Bangladesh, calling it “illegal”.
On September 26, the Supreme Court quashed the Centre’s decision to deport Sonali Khatun and Sweety Bibi, residents of West Bengal’s Birbhum district, along with their families to Bangladesh after it termed them “illegal immigrants”.
The Supreme Court directed the Center to ensure that the six deported nationals are brought back to India within a month and rejected the government’s plea for temporary stay on the basis of the order.
The Supreme Court issued two orders in connection with a habeas corpus petition filed by Bhodu Sheikh, who alleged that her daughter Sonali Khatun, who was in an advanced stage of pregnancy, along with her husband Danesh Sheikh and five-year-old son hailing from Murarai in Birbhum, were detained in Delhi and driven to Bangladesh.
Another petition from the same Birbhum district by Amir Khan made a similar claim that his sister Sweety Bibi and her two children were picked up by the Delhi Police from the same area and pushed to a neighboring country.
The petitioners alleged that the families, who had been working as daily wage earners for over two decades in Sector 26 of Delhi’s Rohini area, were detained by the AN Katju Marg police on June 18 on suspicion of being Bangladeshis and subsequently pushed across the border on June 27.
The deportees were then reportedly arrested by the Bangladeshi police.
The apex court noted that the Center had stated in its affidavit that FRRO (Foreigner Regional Registration Office), Delhi is a civilian body repatriating illegal migrants from Bangladesh as per instructions dated May 2, 2025 issued by the Union Home Ministry in a memorandum.
Detailing the protocols to be followed in deportation, the memorandum states that in respect of Bangladeshi/Myanmar nationals found to be staying illegally in any particular state or Union territory, an inquiry will be conducted by the concerned state government or UT, after which the process of deportation will be initiated.
In its order, the High Court said that “deportation proceedings were conducted in haste” by the authorities and in violation of the provisions of the memorandum.
“The detainees have their relatives residing in the state of West Bengal… the kind of over-enthusiasm in deporting the detainees as seen here is prone to misunderstandings and vitiates the judicial climate in the country,” the order said.
Published – 01 Dec 2025 20:07 IST
