Supreme Court urges quick deportation of illegal immigrants

Mangalore Today News Network

New Delhi, February 14, 2025: The Supreme Court on Thursday questioned the Union government over the need to ascertain the nationality of illegal immigrants from the countries they are to be deported to when they are specifically charged with with having illegally entered India while being nationals of those countries.

The SC was hearing a plea about the indefinite detention of illegal Bangladeshi immigrants in West Bengal jails.

A bench of Justices JB Pardiwala and R Mahadevan voiced concern over the poor conditions of illegal immigrants being detained even after serving their sentences.

"What is the idea in asking the neighbouring country to tell this country about nationality and verification," the SC asked.

It also questioned the West Bengal government over inadequate correctional homes.

The state counsel contended illegal immigrants’ nationality is to be verified from their country before they can be deported, as the offence under the Foreigners’ Act is regarding entry into India without valid travel documents.

The SC, however, said that once they have been charged with being Bangladeshi nationals and illegally entering the country, there should be no need to further ascertain their nationality.

The Union government, led by Additional Solicitor General Aishwarya Bhati, contended that illegal migrants cannot be pushed back across borders until their nationalities are verified by the respective countries.

The SC questioned the need to await verification from the neighbouring country when the charge against illegal immigrants is precisely that they have illegally entered India.

"We have reached a stage where we need to take immediate steps to send them back," the court said, reserving its judgment in the case.

The petitioners, Maja Daruwala and another person claiming to be public-spirited citizens associated with an organisation named ’Common Health Human Rights Initiative’ (NGO), raised concerns about illegal immigrants from from Bangladesh who, after undergoing sentences for offences punishable under the Foreigners Act, are being detained in correctional homes in West Bengal instead of being deported to their own country.