"State Must Bend": Supreme Court Orders Return Of Pregnant Woman Sent To Bangladesh

Chief Justice Surya Kant observed that the State must sometimes "bend in humanitarian interest," and asked the Centre to arrange facilities for the woman and her child during their return.

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The Supreme Court has now listed the matter for December 16
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Summary is AI-generated, newsroom-reviewed
  • The Supreme Court directed the Centre to bring back pregnant Sonali Khatun and her child from Bangladesh
  • Sonali Khatun claims to be daughter of Indian citizen Bhodu Sheikh, whose citizenship is undisputed
  • The Court emphasised the State must act humanely and provide necessary facilities during their return
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The Supreme Court on Wednesday directed the Centre to bring back nine-months pregnant woman Sonali Khatun and her 8-year-old child from Bangladesh. The Centre submitted an undertaking before the Court that the family would be brought back on humanitarian grounds.

The Court directed the government to ensure free medical facilities for the woman, considering her advanced pregnancy, and to take care of her son as well.

Sonali Khatun claims to be the daughter of Bhodu Sheikh, who is an Indian citizen. Justice Joymala Bagchi observed that Bhodu Sheikh's citizenship is not in question, and if Sonali is his daughter, she and her children would also be citizens of India under the Citizenship Act.

Chief Justice Surya Kant, who headed the Bench, observed that the State must sometimes "bend in humanitarian interest," and asked the Central government to arrange all necessary facilities for the woman and her child during their return.

Bhodu Sheikh has been fighting a legal battle to bring back his daughter Sonali Khatun, her husband Danish Sheikh, and their eight-year-old son, who were sent into Bangladesh earlier this year.

Another family-Sweety Bibi, her husband, and their two children-was also pushed across the border on June 27, 2025, after being picked up by Delhi Police on June 18, 2025, on charges of being illegal Bangladeshi citizens.

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Read | Consider Letting Deported Pregnant Woman Enter India: Top Court To Centre

Senior Advocate Kapil Sibal, appearing for the State of West Bengal, requested that the Centre also take instructions on repatriating the six other persons who were deported.

Solicitor General Tushar Mehta opposed this, stating that they are "Bangladeshis" and the Centre has a serious contest regarding their citizenship.

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On September 26, 2025, the Calcutta High Court set aside the deportations and termed them "illegal," based on petitions by Bhodu Sheikh and Sweety's husband Amir Khan, who asserted their Indian citizenship. The High Court had directed that the seven persons be returned within a month.

On Monday, December 1, while hearing the Centre's appeal against the High Court order, the Supreme Court asked Solicitor General Tushar Mehta to consider allowing Sonali Khatun and her son to return.

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The Centre moved the Supreme Court fearing contempt proceedings before the High Court. SG Mehta requested the top court today to stay any such proceedings, as the Centre intends to contest their citizenship.

The Supreme Court has now listed the matter for December 16.

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