A Day After Reserving Orders, Supreme Court Re-lists Bangladeshi Immigrants' Deportation Case On Union's Request

A day after reserving judgment in a case raising the issue of indefinite detention of illegal Bangladeshi immigrants in the country, the Supreme Court today re-notified the matter to enable the Union of India to file an additional affidavit containing inputs from the Ministry of External Affairs.

A bench of Justices JB Pardiwala and R Mahadevan passed the order upon a mentioning of the case by Solicitor General Tushar Mehta, who informed that some inputs from the Ministry of External Affairs need to be placed before the Court.

"It appears that we have to take inputs from the Ministry of External Affairs also...this might have some wider ramifications...subject to your lordships' pleasure, your lordships may consider deferring the finality and permit us to file an additional affidavit after taking inputs from other Ministry..." the SG said.

Apparently, the earlier affidavit filed by Union in the matter was based on inputs from Ministry of Home Affairs. Taking into account the sensitivity of the case, the Court permitted the Union to file an additional affidavit.

"We are conscious of the fact that we concluded the hearing of this matter and have reserved the judgment. However, having regard to the sensitive nature of the issue, we direct the Registry to renotify this matter on March 4. We permit ld. Solicitor General to place the additional affidavit on record as proposed by him", dictated Justice Pardiwala.

The matter pertains to a case of 2013, which was transferred from the Calcutta High Court. In 2011, the petitioner wrote a letter to the Calcutta High Court Chief Justice highlighting the plight of illegal immigrants from Bangladesh who after being convicted for the offence under the Foreigners Act are being kept confined to correctional homes. The letter pointed out that the immigrants, even after undergoing sentence, were being detained in the Correctional Homes of the State of West Bengal instead of being deported to their own country. The Calcutta High Court took suo motu cognizance of the letter. In 2013, the matter was transferred to the Supreme Court.

Yesterday, while reserving orders, the top Court expressed disappointment with illegal immigrants being made to suffer rigor of prisons despite their having served sentences post conviction. It also questioned the Union of India as to why there is a need to ascertain nationality of the illegal immigrants from the countries they are to be deported to when the precise charge against them is that they have illegally entered India while being a national of that country.

At the same time, the Court pulled up State of West Bengal for not having correctional homes/detention centres, which has statedly resulted in illegal immigrants languishing in jails.

Case Title: Maja Daruwala v. Union of India | Transfer Case (Criminal) No. 1/2013

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