Pregnant Woman’s Deportation Case reaches the Supreme Court as the Bench stresses a humanitarian approach. The Court says if she proves her biological link, she may get Indian citizenship and her son too, prompting the Centre to act swiftly.
The Supreme Court heard the plea in which it had earlier asked the Centre to explore the possibility of bringing back a pregnant woman and her eight-year-old son who were deported to Bangladesh.
The Bench said that the issue has to be considered only from a humanitarian angle and not in any other manner.
The Bench of CJI Surya Kant and Joymalya Bagchi took note of the latest update from the Union government.
During the hearing, Solicitor General Tushar Mehta informed the Court that Sonali and her son Sabir will be brought back. He told the Bench that although she is a Bangladeshi national, the records show her local address as Birbhum.
While interacting with the case records, Justice Joymalya Bagchi made an important observation about her citizenship claim.
The judge said that,
“If she can prove her biological connection to Bhodu Sheikh, she may be entitled to claim Indian citizenship and her son too, through her.”
The Court said that the request made earlier was only to ensure that the matter is handled sensitively, keeping in mind her pregnancy and the welfare of the child. It also took note that the Union government is now taking steps to bring them back.
The Supreme Court has now listed the matter for December 10, when the Centre is expected to place the next status report on their return and further verification of documents.
Sunali Khatun, from Paikar village in the Birbhum district of West Bengal, had been working as a ragpicker in Delhi. Previously, On June 26, she was detained by the Delhi Police on suspicions of being a Bangladeshi migrant and was subsequently pushed back into Bangladesh. In response, her family in West Bengal filed a habeas corpus petition in the Calcutta High Court.
Earlier, On August 21, Sunali, along with Sweety and others, was arrested by Bangladeshi police in Chapainawabganj district under the Passport Act and the Foreigners Act.
Additionally, On September 26, a division bench of the Calcutta High Court ordered that six members of the two families from Birbhum, including Sunali, be returned to West Bengal within four weeks.
Although the Centre appealed this decision in the Supreme Court, a senior judicial magistrate in Chapainawabganj, Bangladesh, ruled on October 3 that both families, including Sunali and Sweety, were Indian citizens based on their Aadhaar cards and residential addresses in West Bengal.
Last month, the Supreme Court advised the Centre that residents of West Bengal who were deported to Bangladesh due to suspicions of being foreigners should be brought back as a temporary measure and given an opportunity to present their case.
Case Title: UNION OF INDIA V BHODU SEKH AND ORS, SLP(Crl) No. 18658/2025
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