The Central government informed the Supreme Court that Sunali Khatoon, who is pregnant, will deliver the baby soon, and her 8-year-old son, Sabir, will be brought back to India, on December 3. They were deported for being Bangladeshis. The government is bringing them back now, considering they might be Indian citizens, and on humanitarian grounds. Earlier, the Supreme Court asked the Central government if the mother-son duo could be brought back to India, as there was a possibility of them being Indian citizens.
“Their cause is altogether different because they claim that they are Indian citizens. If Sunali is Bhodu Sekh’s daughter, then it should be looked at from an entirely different perspective”, the bench remarked, reported ANI. The court also directed that Sunali should be given free medical treatment by the West Bengal State Government, considering her pregnancy.
Solicitor General of India Tushar Mehta made this statement before a bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi. "On humanitarian grounds, Sunali Khatoon and her son Sabir will be brought here following the procedure without prejudice to our contentions on merits and our right to put them under surveillance," SG said, reported Live Law.
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In the order, the apex court stated, "Learned SG on instructions informs that purely on humanitarian grounds, the Government of India has agreed to bring back. Sunali Khatoon, along with her eight-year-old son, Sabir. Since Sunali was taken into custody from Delhi, SG informs that she will be brought back to Delhi. However, there is a suggestion by the learned senior counsel representing the respondents that it will be advisable to shift her to the town where her father stays in the District of Birbhum," reported Live Law.
The Supreme Court was hearing a special leave petition filed by the Union challenging the Calcutta High Court’s September 27 order, which directed the authorities to bring back certain individuals who had been deported. The original High Court ruling came in response to a habeas corpus petition filed by Bhodu Sekh, who sought the return of his daughter, son-in-law, and grandson after they were detained in Delhi and later deported to Bangladesh. During earlier proceedings, the Supreme Court had advised the Centre to at least repatriate the pregnant woman and her minor son. On December 2, Senior Advocate Kapil Sibal, representing the State of West Bengal, urged the Union government to also consider bringing back the four other deported individuals. However, Solicitor General Tushar Mehta argued that they were “Bangladesh nationals” and questioned why the State government entered the matter on caveat and was seeking relief for them.
Senior Advocate Sanjay Hegde appeared on behalf of Bhodu Sekh. During the hearing, Justice Bagchi noted that if Sunali Khatoon could prove a biological relationship with Sekh—who holds Indian citizenship—she may also establish her own claim to citizenship. The bench recalled its previous suggestion that all deported individuals be brought back so they could receive a proper hearing. SG Mehta maintained that the Union would be able to show they were foreign nationals and additionally requested a stay on the contempt proceedings pending before the Calcutta High Court. The Supreme Court did not issue any stay and remarked that the High Court would not advance the contempt case while the apex court is considering the matter.
Further hearing is scheduled for December 12.