After Gurgaon detentions, Punjab and Haryana HC seeks SOP for identifying illegal migrants

“They were detained in community centres, sometimes in groups of two to three hundred, with no access to family members or lawyers,” the counsel submitted, adding that even when local police and gram panchayats from West Bengal certified that the detainees were Indian citizens, they were not released for days.

The petitioner argued that while both Punjab and Haryana must already have a verification procedure in place, it was either absent or being “flagrantly violated”. He relied on documents citing a May 2, 2025, communication of the Ministry of Home Affairs’ (MHA) Foreigners Branch, which reportedly authorised states to detain and deport Bangladeshi and Rohingya nationals. However, he pointed out that the SOP referred to in those instructions was not traceable on the MHA website.

The counsel for Haryana defended the detentions, saying the state police had acted in accordance with directions issued by the Union government. “Special search operations were launched in Gurugram to find illegal residents. Those found without valid proof of nationality were kept in holding centres as per MHA instructions,” the state submitted.

At this, the bench asked the government counsel to either produce the SOP on record or categorically state through an affidavit that no such SOP was available. “Unless you produce it before us, we will not be able to assess the validity of the procedure,” the court observed.

The court directed Haryana to file an affidavit clarifying whether the SOP exists on the MHA website and, if so, to place it on record. The matter was then adjourned.

The police over the last few weeks allegedly rounded up several migrant workers as part of the drive aimed at identifying illegal immigrants in Gurgaon, and it sparked panic among the Bengali-speaking migrant community, prompting many to leave the city.