Supreme Court Directs To Bring Back Pregnant Lady & Her 8YO Son Who Were Deported To Bangladesh As Centre Agrees On Humanitarian Grounds

A petition was filed by the Union of India before the Apex Court challenging the order passed by the Calcutta High Court ordered to bring back the persons deported to Bangladesh, including a heavily pregnant woman and her eight-year-old son.

The bench of Chief Justice Surya Kant and Justice Joymalya Bagchi ordered, “Ld. Solicitor General informed that only on humanitarian grounds, the Union of India has agreed to bring Sonali Kahtoon, along with her 8-year-old son Sabir be brought back to India. Since Sonali was taken into custody in Delhi, the Ld Solicitor General informed that she will be brought back to Delhi. Senior Advocate Sanjay Hedge, representing Respondents, suggested that she is on her family-way and it will be advisable to shift her to some township near the border. The Chief Medical Officer is directed to provide all medical facilities to Sonali. The medical facilities, including all facilities required for delivery, will be free of cost borne by the State Government. As her 8-year-old child is also with her, day-to-day care of the child must be provided by the State Government.”

Solicitor General Tushar Mehta appeared on behalf of the Union of India, Senior Advocate Kapil Sibal appeared on behalf of the State of West Bengal, and Senior Advocate Sanjay Hedge appeared on behalf of the Respondents.

SG Tushar Mehta said, “I have taken the instructions…bringing back will be difficult…on humanitarian grounds, Sonali Khatoon and her son Sabir will be brought here…I will expedite the process

CJI Kant said, “Restore them with facilities and amenities…will they be brought back to Delhi?”

To this, Senior Advocate Hedge informed the Court that her family is in Bengal and she may be sent to Bengal due to her medical reasons.

CJI Kant, “She should be provided with Medical facilities…she should be provided with a proper place.”

The Calcutta High Court had ordered, “The Court cannot doggedly hold fast to principles which tend to compel a litigant to retreat from a path of pursuing writ remedies, especially when social realities of the current generation mandate that the law must be rid of these principles and bring itself in accord with the felt necessities of the times’.

A writ petition before the Calcutta High Court was preferred by one Bhodu Sekh primarily seeking a writ of habeas corpus to produce the petitioner’s daughter, namely, Sunali Khatun, his son-in-law, namely, Danish Sekh and his grandson, namely, Sabir Sekh, who have been illegally detained.

Now the matter, pertaining to the rest of the persons, will be heard by the Apex Court on a later date.

Cause Title: Union Of India v. Bhodu Sekh and Ors., [SLP (Crl) No. 18658/2025]