Kolkata: The Supreme Court on Friday questioned the practice of treating Bengali-speaking persons as undocumented Bangladeshi immigrants, observing that language alone could not determine an individual’s citizenship.
Hailing the directive, Bengal Chief Minister Mamata Banerjee wrote on X: “Today (29 Aug 2025), the Hon’ble Supreme Court heard a PIL on the detention of migrant workers from Bengal. The Apex Court acknowledged Bengal’s historic role as a border State - a land that has given refuge, strength, and culture through generations. A direction has been issued to hear the plea of the migrant workers on priority in the High Court - this comes as a huge relief to the detained workers.
The recognition of Bengal’s unique context gives hope to countless Bengali-speaking workers across our motherland, whose labour and sacrifice strengthen families across India. I stand firmly by them. We repose full faith in the judiciary to ensure dignity, fairness, and constitutional justice for every worker from Bengal.”
A Bench of Justices Surya Kant, Joymalya Bagchi and Vipul M Pancholi was hearing a plea highlighting alleged illegal deportations of Bengali-speaking labourers, including a pregnant woman who was reportedly forced across the border into Bangladesh without due process.
Justice Bagchi asked whether citizenship could ever be decided based on the language a person speaks. “We would like you to clarify the bias – the use of a language as a presumption of being a foreigner,” he told Solicitor General Tushar Mehta.
Advocate Prashant Bhushan, appearing for the petitioners, submitted that the Border Security Force (BSF) was deporting people without lawful procedure. He cited the case of a woman who was expelled despite having moved a habeas corpus petition before the Calcutta High Court. She was later arrested by Bangladeshi authorities as an Indian national, he said.
The Bench reminded that habeas corpus petitions could not be adjourned merely because proceedings were pending in the Supreme Court, and asked the Calcutta High Court to hear the matter at the earliest.
Justice Bagchi stressed that any person found within India must be dealt with in accordance with law: “Once the person is within the Indian land mass, then there must be some procedure.” Justice Kant noted that Foreigners’ Tribunals operated only in Assam, raising concerns over the absence of a similar mechanism elsewhere.
Mehta countered that systematic infiltration posed a strain on national resources. “India is not the world’s capital for illegal immigrants,” he said, questioning why civil society organisations were approaching the court in such matters.
Bhushan pointed to Union Home Ministry guidelines requiring an inquiry by the State government before deportation, arguing that these were being flouted.
The Court directed the Centre to file a reply within a week and clarified that the Calcutta High Court should independently hear the habeas corpus petition concerning one Sonali Bibi. The matter will be taken up again in September. Hailing the directive, Bengal Chief Minister Mamata Banerjee wrote on X: “Today (29 Aug 2025), the Hon’ble Supreme Court heard a PIL on the detention of migrant workers from Bengal. The Apex Court acknowledged Bengal’s historic role as a border State - a land that has given refuge, strength, and culture through generations. A direction has been issued to hear the plea of the migrant workers on priority in the High Court - this comes as a huge relief to the detained workers.
The recognition of Bengal’s unique context gives hope to countless Bengali-speaking workers across our motherland, whose labour and sacrifice strengthen families across India. I stand firmly by them. We repose full faith in the judiciary to ensure dignity, fairness, and constitutional justice for every worker from Bengal.”