The Supreme Court on Monday sought clarification from the Union Government regarding the prolonged detention of illegal Bangladeshi immigrants in correctional homes across India instead of deporting them to their native country.
A bench comprising Justice JB Pardiwala and Justice R Mahadevan emphasized that once an illegal immigrant from Bangladesh is apprehended and convicted under the Foreigners Act, 1946, they should be immediately deported upon completing their sentence.
“How many illegal immigrants are currently detained in various correctional homes after completing their sentences under the Foreigners Act?” the bench asked.
It expressed concern over the indefinite detention of nearly 850 illegal migrants and questioned the government’s failure to adhere to Clause 2(v) of a 2009 circular, which mandates the deportation process be completed within 30 days.
The Court also highlighted the need for a concrete explanation from the Union on what steps are expected of the West Bengal government in handling such cases.
The case, Maja Daruwala v. Union of India, was transferred to the Supreme Court from the Calcutta High Court in 2013.
The matter originally began in 2011 when a petitioner highlighted the plight of illegal Bangladeshi immigrants who were confined in West Bengal correctional homes even after completing their sentences.
The Calcutta High Court took suo motu cognizance of the issue before it was transferred to the apex court.
The bench noted that these practices contradict existing guidelines, underscoring the need for swift deportation procedures. The matter is now scheduled for further hearing on February 6, 2025.
It is noteworthy that another Supreme Court bench led by Justice Oka recently raised similar concerns regarding the indefinite detention of illegal immigrants in Assam.
