Kolkata: The Supreme Court on Thursday called for responses from the Union government and nine States on a petition claiming that workers from West Bengal were being detained on unverified suspicions of being illegal immigrants from Bangladesh.
A Bench comprising Justices Surya Kant and Joymalya Bagchi acknowledged that illegal cross-border entry was a legitimate concern but stressed the need for a clear system to distinguish genuine Indian workers. The judges suggested the possibility of creating a centralised body to coordinate between a migrant’s home State and the State where they are employed.
The case, brought by the West Bengal Migrant Welfare Board, challenges a May 2, 2025, Ministry of Home Affairs (MHA) circular authorising States to verify and detain persons suspected to be illegal immigrants. Representing the petitioner, advocate Prashant Bhushan alleged that workers were being confined while their citizenship status was investigated, and in certain cases, subjected to torture. He urged the court to bar detentions pending verification, saying inquiries could continue without taking people into custody.
The court declined to order such interim relief without hearing the concerned governments. It instead issued notices to Odisha, Rajasthan, Maharashtra, Delhi, Bihar, Uttar Pradesh, Chhattisgarh, Haryana and West Bengal, seeking their responses.
According to the petition, many Bengali-speaking migrants face discrimination linked to language and place of birth, with detentions occurring even when valid citizenship documents are produced. Such practices, it argued, contravene constitutional guarantees of equality and non-discrimination under Articles 14 and 15.