Indefinite Detention Of Illegal Bangladeshi Immigrants In The Country: Supreme Court Reserves Judgment

Today, the Supreme Court (SC) of India reserved judgment in a case that raised the issue of indefinite detention of illegal Bangladeshi immigrants in the country. The SC bench of Justice JB Pardiwala and Justice R Mahadevan was hearing the matter, which was transferred from the Calcutta High Court (HC). The petitioner, in the case, wrote a letter to the Chief Justice of Calcutta HC in 2011, highlighting the plight of illegal Bangladeshi immigrants who are kept confined to correctional homes even after being convicted for the offence under the Foreigners Act. The letter also mentioned that even after serving a sentence, the immigrants are being detained in the Correctional Homes of the State of West Bengal instead of deporting them to their own country. The HC took suo motu cognizance of the letter and in 2013, the matter was transferred to the top court.

During the proceedings, Advocate Vrinda Grover, who appeared for the petitioner, said, “How can I be detained in a prison having served my sentence? That would be an anathema for Article 21...because I have been subjected to the rule of law and I have served a sentence, can my fate be worse than those who have gone under the radar of law?” Justice Pardiwala commented that the situation is pathetic. Additional Solicitor General Bhati, appearing for the Union, argued that until the nationalities of illegal immigrants are verified from their respective countries they cannot be pushed back across borders. Hearing this, Justice Pardiwala questioned the logic behind the same and said, “[when an immigrant is] apprehended, put to trial, and is convicted, what is the charge against him? That you are an illegal immigrant. 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 neighboring country to tell this country about his nationality and verification?” He added, “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+ people are undertrials.”

Moreover, after noting that the state of West Bengal does not have correctional homes/detention centres, the bench exclaimed, “Why you don't have a correctional home or detention centre? Even after a person is convicted, he undergoes the entire sentence, you keep him in jail!? How can you do that? Is the state so poor that it does not have a correctional home or a detention centre? It's very easy for you to put a board outside the jail premises 'correctional home' but still it remains a jail...and jail means you don't allow him to walk out, have a stroll in the bazar, ask him to come back by sunset, and then you put him again. Correctional homes probably may have some liberty, they move around in a restricted area which is earmarked..." After hearing the matter, the SC bench reserved the judgment.