In a significant humanitarian ruling, the Supreme Court of India on Wednesday allowed the entry of a pregnant woman, Sunali Khatun, and her eight-year-old child into India months after they were allegedly pushed into Bangladesh by authorities.
A bench led by Chief Justice Surya Kant and Justice Joymalya Bagchi instructed the West Bengal government to take full care of the minor and ensure complete medical assistance for the woman, including free childbirth services.
The bench recorded the Centre’s submission, made by Solicitor General Tushar Mehta, confirming that the government would allow entry exclusively on humanitarian grounds, while keeping the mother and child under surveillance.
Case Background
This case arises from a petition filed by the Centre challenging a Calcutta High Court order that had declared the deportation of Khatun and several others to Bangladesh as illegal.
According to the woman’s father, the family — daily wage workers living in Delhi’s Rohini Sector 26 for two decades — were detained by Delhi Police on June 18, suspected of being Bangladeshi nationals, and forcibly sent across the border on June 27.
The High Court later held the deportation unlawful and ordered the Centre to bring back all six individuals within one month, including Khatun, her husband, and child.
What Happened in Supreme Court Today
1. Humanitarian Entry Permitted
The Supreme Court agreed that the woman and her child may enter India through the Malda border in West Bengal.
2. Medical Care Ordered
The Birbhum district Chief Medical Officer has been directed to provide:
- Prenatal care
- Emergency services
- Delivery at no cost
3. Surveillance Condition
The Centre insisted that entry is allowed without prejudice to the citizenship dispute, and the family will remain under official watch.
4. Dispute Over Citizenship
Senior lawyers Kapil Sibal and Sanjay Hegde argued that:
- The woman is the daughter of Bhadu Sheikh, a resident of Birbhum
- Her citizenship is provable
- Others, including her husband, still stranded in Bangladesh, must also be allowed back
Justice Bagchi indicated that if she proves she is Sheikh’s daughter, it would sufficiently establish her Indian citizenship.
The matter will be heard again on December 10.
High Court’s Earlier Observations
The Calcutta High Court had sharply criticised the Centre’s deportation process, saying it was conducted in “hot haste” and violated procedural norms set out in a 2025 Home Ministry memo.
The order also warned that such overenthusiastic actions could disturb the judicial climate and ignored the detainees’ family roots in West Bengal.
Originally published on 24×7-news.com.
