Plea in Supreme Court says Bengali Muslims are being illegally detained, accused of being foreigners

The Supreme Court on Thursday sought the response of the Central government and various States to a petition alleging that Muslim migrant labourers from West Bengal were being rounded up and detained on unverified claims of being foreigners who entered India illegally from Bangladesh [West Bengal Migrant Workers Welfare Board v. Union of India].

A Bench of Justices Surya Kant and Joymalya Bagchi today orally observed that the Court cannot ignore the ground reality that there are risks of foreigners illegally infiltrating India and suggested that measures should be put in place to verify the place of origin of migrant workers.

"We cannot overlook ground realities. Suppose someone is Infiltrator and he enters illegally. How to deal with that situation? If you don't detain, the writing on the wall is that they will disappear. Yes some mechanism needs to be there. May be some card from place of origin and authorities from other State can accept the bona fide," Justice Kant said.

The plea before the Court flagged concern about a letter issued by the Union Home Affairs Ministry in May 2025, which authorised inter-State verification and detention of suspected illegal immigrants.

The same is being misused by various States to target and detain Bengali migrant workers merely because of their religion or because they converse in Bengali, it was contended.

"The detention policies reinforce harmful stereotypes and unfounded suspicion against inter-State Bengali migrants, undermining constitutional principles of equality and fraternity ... This mass and arbitrary detention of Bengali migrants on the ground of using Bangladeshi language directly infringes on their right to personal liberty under Article 21," the plea filed through Advocate Kunal Chatterjee said.

The petitioner, West Bengal Migrant Workers Welfare Board, urged the Court to direct the Central government to withdraw the May 2025 letter and restrain States from unlawfully detaining Bengali migrant workers.

Among other prayers, the petitioner sought the release of such migrant workers who have already been detained on suspicions that they are foreigners.

Representing the petitioner, advocate Prashant Bhushan today questioned whether States can resort to picking up Bengali Muslims randomly and detain them.

"Authorities are randomly picking up Bengali Muslims claiming them to be Bangladeshis and when it is verified, it is seen they are Indians. Some were deported and then it was verified and then taken back (to India) ... How can they be detained. Let them verify. Here random State governments are picking up Bengali Muslims. (There is) no power to detain a suspected foreigner under the Foreigners Act," he argued.

The Court, in turn, observed that there must be a system put in place to easily verify the home State of migrant workers, making it easier to confirm their Indian status.

"On migrant labourers, isn't there a system in place to check the place of origin of such workers and the verify the same?" asked Justice Bagchi.

"A nodal agency is needed to coordinate between State of origin and the State where they are earning livelihood," Justice Kant weighed in.

Bhushan highlighted that the present state of affairs, where migrant workers are being picked up at random and detained while the exercise of verifying their citizenship remains pending, has created panic.

"But what they are doing is detaining the persons when being verified. There is panic among Bengali Muslims," he said.

"This is a serious issue of mass migration. Here, the workers are from Eastern part coming to North to work. The nodal agency can coordinate," Justice Bagchi replied.

"Some are even being tortured in such detention centres. Even Foreigners Act does not give authority for this, even if someone is termed a foreigner," Bhushan said.

The Court proceeded to issue notice and sought the responses of Indian government and the governments of Odisha, Rajasthan, Maharashtra, Delhi, Bihar, Uttar Pradesh, Chhattisgarh, Haryana and West Bengal. The Court added that it would hear the case next on August 25.

"In the meantime, please say that verifying is fine but no detention," Bhushan urged.

The Court, however, declined to issue an interim restraining order without first hearing the government authorities.

"We need to hear them as well," the Court said.

"It is causing panic," Bhushan persisted.

"We will list after two weeks. Respondent States to be served through respective standing counsel. Ex parte order can have some effect that is not intended ... Okay let us hear it Monday after the next one," the Court replied.

[Live Coverage]