SC questions Centre, Bengal over Bangladeshis’ deportation: ‘what’s the reason in asking neighbouring country about his nationality’

Underlining it has consequences also for the security of the country, Justice Pardiwala said, “Today we have reached a stage where we need to take immediate steps to send them back and they should not stay back… Just imagine 1000-plus people are undertrials.”

“When an immigrant is apprehended, put to trial and convicted, what is the charge against him? That you are an illegal immigrant, that you are not entitled to stay in this country without any valid passport or any other document, and we hold you guilty under the Foreigners Act. Once this comes, not challenged, not stayed by any superior court, then what is the idea in asking the neighbouring country to tell this country about his nationality and verification?” he said.

The bench was hearing a suo motu case registered by the Calcutta High Court – it was later transferred to the Supreme Court – on the issue of such immigrants in detention homes even after serving their conviction under the Foreigners Act.

On February 3, the court had said that “almost 12 years have passed” since the matter was transferred to the Supreme Court “but till date there is no further progress”.

On Thursday, both the Centre and West Bengal took the stand that illegal immigrants cannot be deported unless their nationalities are verified.

The counsel for the West Bengal government said whether the illegal immigrants are Bangladeshis is a matter of verification.

Justice Pardiwala said, “Who else could they be? That’s the basis of your charge before the Foreigners Tribunal. You have charged him saying that you are a Bangladeshi national, you have entered the country illegally and you hold him guilty, you punish him, you sentence him, then why do you ask?”

The counsel said confirmation from Bangladesh is required before the immigrant can be handed over with travel documents. Justice Pardiwala said, “That’s not your problem.”

Appearing for the Centre, Additional Solicitor General Aishwarya Bhati referred to the country’s porous borders and the problems due to this.

Justice Pardiwala said it has led to several other problems. “How many correctional homes are you going to put up in the country? For how long are you going to put these people in correctional homes?”

He said “illegal immigrants detained in India are maintained, provided shelter, medical aid, etc… if they were in any other country, they would probably have lost their lives.”

Advocate Vrinda Grover, appearing for the petitioner, said if Bangladeshis trying to cross over are intercepted at the border, they are sent back immediately. If they are inadvertent infiltrators, then BSF does some enquiry after which they are sent back, she said.

Earlier this month, another bench of the Supreme Court had questioned the Assam government for not deporting illegal immigrants who had been declared foreigners and remained in detention camps.