Supreme Court of India, Justice Surya Kant, Justice Joymalya Bagchi, Justice Vipul M. Panhcoli
Detention Of Bangladeshi Immigrants- Supreme Court Asks Union Whether Use of Particular Language Raises Presumption Of Person Being Foreigner
|A Public Interest Litigation was filed by West Bengal Migrant Workers Welfare Board alleging that Bengali Muslims are illegally detained and accused of being foreigners.
Today, the Supreme Court, while hearing the Public Interest Litigation regarding illegal detention of Bengali Muslims on account of being foreigners, asked clarification from the Union of India whether the use of a particular language is a presumption for being a foreigner.
The Bench of Justice Surya Kant, Justice Joymalya Bagchi and Justice Vipul M. Pancholi asked, "We would like you to clarify that certain bias in respect of exercise of powers by Authorities...namely, the use of particular language being presumption for being a foreigner."
At the outset, Advocate Prashant Bhushan, appearing on behalf of the Petitioner Association, apprised the Court that a pregnant woman was forcibly pushed out of the country without being determined whether she was a foreigner merely on the apprehension that she spoke the Bengali language.
"Bengali language is Bangladeshi language also. Therefore, people who are speaking Bengali must be Bangladeshi", said Bhushan.
While arguing, Bhushan questioned how any authority in India could push out a person without determining whether the person was a foreigner. He also submitted that there should be some agreement with the Government of Bangladesh, as one cannot be pushed to any other country without that country's acceptance.
Justice Kant told Bhusan that many factual questions were involved; thus, the Court should request the High Court to take the petitions and decide the matter.
"No Indian authority can forcibly push out anybody from the country to any other country without the two conditions getting satisfied (above-mentioned)", Bhushan again submitted.
Later, Solicitor General Tushar Mehta argued that an organisation has come up with such PILs instead of any individual who was aggrieved by the alleged pushing out of the country.
"India is not capital for world's illegal immigration. There is a system in place", said the SG.
Thereafter, Justice Bagchi asked the SG, "We would like you to clarify that certain bias in respect of exercise of powers by Authorities...namely, the use of particular language being presumption for being a foreigner."
The SG then raised the issue of illegal immigrants in India and the Bench acknowledged the same.
Upon which, Bhushan submitted, "The State/Border Security Force cannot say that whoever we believe is a Bangladeshi we will push out of the country, without any authority determining whether the person is a foreign citizen."
Subsequently, Justice Kant remarked that the first question that needs to be asked is to show whether the person in question was an Indian Citizen.
Justice Bagchi raised the concern over the sensitivity of the issue, especially with regard to national security, integrity of the nation and preservation of national resources.
"We inherit a common culture, a common heritage, both in Punjab and Bengal, the language is the same, the border divides us...that is why we request you to clarify the stance on behalf of the Union of India", said Justice Bagchi.
The matter was adjourned till September 11, 2025.
Background
The Public Interest Litigation is filed by the West Bengal Migrant Workers Welfare Board, alleging that Bengali Muslims are illegally detained and accused of being foreigners.
On August 14, 2025, the Bench of Justice Surya Kant and Justice Joymalya Bagchi issued notice, however refused to grant interim relief without hearing the concerned States. The notice was issued to the nine States, including Odisha, Rajasthan, Maharashtra, Delhi, Bihar, Uttar Pradesh, Chhattisgarh, Haryana, and West Bengal.
Cause Title: West Bengal Migrant Workers Welfare Board And Anr. V. Union Of India And Ors.W.P.(C) No. 768/2025 PIL-W