Provide The SOP Followed To Deport Illegal Immigrants: Supreme Court To Centre

The Supreme Court today expressed concern over the double whammy faced by authorities when it comes to deporting illegal immigrants.

Justice Joymala Bagchi said that the court is faced with two very sensitive issues - on one hand, there is a genuine concern of national security but at the same time India has inherited legacy of common culture and language with neighbours - where Pakistan has Punjabi- speaking citizens and Bangladesh has Bengali-speaking citizens.

Making this observation while hearing the plea alleging mass deportation of Bengali-speaking Muslims to Bangladesh, the Supreme Court has asked Centre and 10 states to clarify the procedure it is following for deporting illegal immigrants.

The bench comprising Justices Surya Kant, Joymala Bagchi and Vipul M Pancholi issued notice and sought a reply from the government within one week.

The Supreme Court, however, did not give an interim stay on the "push-back" circular by the Home Ministry, which the petitioners have challenged, claiming it has resulted into alleged illegal deportation of Bengali-speaking Muslims labourers from across the Indian states without following due process.

The petitioner organisation, West Bengal Migrant Workers Welfare Board, has alleged that the migrant workers are being arbitrarily detained and deported under a May 2025 Ministry of Home Affairs (MHA) circular.

In the last hearing, while refusing to stay the deportations, the top court issued notice to Centre, Odisha, Rajasthan, Maharashtra, Delhi, Bihar, Uttar Pradesh, Chhattisgarh, Haryana and West Bengal governments.

Today, the top court also issued notice to Gujarat, making it the 10th state as part of the hearing.

The organisation has raised concern over the detention of Bengali-speaking Muslim migrant labourers, who were allegedly arrested across several states under suspicion of being undocumented Bangladeshi nationals.

The circular from the Home Ministry came in the wake of the Pahalgam terror attack on April 22 that claimed 26 lives.

Prashant Bhushan, appearing for the petitioner organisation, told the top court that sometimes "these BSF people say you run away to that side or we will shoot you".

Justice Joymala Bagchi at this point said that once the person is within the Indian land mass then there must be some procedure to deport him.

Solicitor General Tushar Mehta, appearing for the Centre, however objected that why this organisation was filing a plea in the top court, it should be the aggrieved individuals who should be coming here.

India is not the world's capital for illegal immigrants, he added.

Justice Bagchi, however, said that we would like you to clarify the bias- the use of a language as a presumption of being a foreigner.

SG Tushar Mehta, however, argued that there are organisations that thrive on illegal immigrants.

"We are just trying to ensure that immigrants don't eat away our resources. There is a systematic infiltration. We can't go on media reports...there are agents who facilitate illegal entry," said Mr Mehta.

At this point, Prashant Bhushan said that the BSF cannot arbitrarily send someone to Bangladesh if they think they are Bangladeshi.

Justice Surya Kant then asked the Centre to provide the SOP being followed by authorities in rounding up illegal immigrants and sending them back to Bangladesh.

Justice Bagchi told Centre that 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 and language. We do not say from newspaper reports. We request you to clarify this stance," Justice Bagchi said.