The Supreme Court on 22 May 2026 directed the Union Government to bring back several Bengali‑speaking persons who had been deported to Bangladesh and to verify their Indian citizenship before any further action.
Key Developments
- Solicitor General of India Tushar Mehta told a three‑judge bench that the Government will repatriate the deportees and then examine their citizenship status.
- The bench, comprising Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi, heard Union petitions challenging the Calcutta High Court's order to send the individuals to Bangladesh.
- Senior Advocate Sanjay Hegde asked that the SG's statement be recorded, with the caveat that it is not a precedent for other cases.
- The SG estimated that the repatriation could be completed within 8‑10 days.
Important Facts
In September 2025, the Calcutta High Court, acting on habeas corpus petitions, ordered the return of Sunali Khatun, her husband Danish Sekh and son Sabir Sekh, as well as Sweety Bibi and her sons Kurban and Imam. The Union had already agreed in December 2025 to bring back Sunali Khatun (who was pregnant) and her son on humanitarian grounds.
The Supreme Court, in a November 2025 hearing, suggested that the Union should first bring the persons back to India to verify their citizenship claims. The present order formalises that suggestion.
These matters are recorded as SLP(Crl) No. 18658/2025 and SLP(Crl) 18891/2025.
Exam Relevance
These developments illustrate the interplay between the judiciary and the executive in matters of citizenship, a recurring theme in GS2: Polity. They also highlight procedural safeguards like habeas corpus and the role of the Solicitor General in shaping government action.
Understanding the legal process of repatriation and subsequent citizenship verification is essential for answering questions on migration, human rights, and constitutional law.
Way Forward
The Government must organise the logistical return of the identified persons within the stipulated timeframe and set up a transparent mechanism to assess their citizenship claims. Any adverse finding should be communicated with due process, allowing affected individuals to appeal. Simultaneously, the Union should consider framing clear guidelines for future cases to avoid ad‑hoc decisions and ensure consistency with constitutional principles.