The Supreme Court on Friday questioned the practice of treating Bengali-speaking persons as undocumented Bangladeshi immigrants, stressing that language alone cannot determine citizenship.
A Bench of Justices Surya Kant, Joymalya Bagchi, and Vipul M Pancholi was hearing a plea concerning the alleged detention and deportation of Bengali-speaking labourers, including a pregnant woman reportedly pushed across the border into Bangladesh without due process.
Justice Bagchi observed, “We would like you to clarify the bias – the use of a language as a presumption of being a foreigner. Once the person is within the Indian land mass, then there must be some procedure.”
Advocate Prashant Bhushan, representing the petitioners, alleged that Border Security Force (BSF) officials were deporting people without following lawful procedure. He pointed out that a pregnant woman had been expelled despite filing a habeas corpus plea before the Calcutta High Court. She was subsequently arrested by Bangladeshi authorities for being Indian.
Bhushan argued, “They are saying, Bengali language is a Bangladeshi language. Therefore, people speaking Bengali are Bangladeshis. How can any authority push out any person without any determination whether so and so is a foreigner?”
The Bench also noted that habeas corpus petitions could not be adjourned merely because related proceedings were pending before the Supreme Court. Justice Kant emphasised, “Mr. Solicitor, your snide remarks will not get you anywhere.”
Solicitor General Tushar Mehta, representing the Union government, countered that India could not become “the world’s capital for illegal immigrants.” He maintained that infiltration placed a strain on national resources, while civil society organisations were filing cases instead of affected individuals.
Justice Bagchi, however, underlined that national security concerns could not justify presumptions based on language: “There are two very sensitive issues. One is our national security. That goes without saying. At the same time, we have an inherited legacy of common culture.”
The Court directed the Centre to file a reply within a week and clarified that the habeas corpus petition before the Calcutta High Court concerning Sonali Bibi’s citizenship must be decided independently. The matter has been listed for further hearing in September.
Case: West Bengal Migrant Workers Welfare Board And Anr. vs Union Of India And Ors. – Available on LAWFYI.IO
