Supreme Court demands answers from Centre, West Bengal on indefinite detention of Bangladeshi nationals

The Supreme Court recently raised serious concerns over the prolonged detention of Bangladeshi nationals in correctional homes across West Bengal even after they have served their sentences. .In an order passed on January 30, a Bench comprising Justice JB Pardiwala and Justice R Mahadevan demanded answers from the Central government on the prolonged incarceration of Bangladeshi nationals in Indian prisons."We would like to understand from the respondents that once an illegal immigrant from Bangladesh has been convicted for the alleged offence is it not established that he is not a citizen of India. What is the idea in keeping hundreds of such illegal immigrants in Detention Camps/Correctional Homes for an indefinite period of time? The Union of India owes an answer to all the aforesaid questions put by us," the Court said.The Court also asked the Union government and the State of West Bengal about what role the State plays in such cases."We would also like to know from the State of West Bengal whether they have any role to play in this litigation. We would also like to know from the Union of India what is expected of the State of West Bengal to do in these type of matters," the Court said.Hence, it sought responses from both the Union of India and the State of West Bengal regarding the status of these detainees and the delay in their deportation to Bangladesh. In an order passed on January 30, the Court directed the Central and State governments to submit a comprehensive affidavit explaining their position before the next hearing on February 6. .The Court was hearing a public interest litigation (PIL) petition was originally filed by Maja Daruwala and others of the Commonwealth Human Rights Initiative (CHRI), highlighting the plight of foreign convicts languishing in jails despite completing their terms..The issue first came to light in 2011 when CHRI addressed a letter to the Chief Justice of the Calcutta High Court, pointing out that Bangladeshi nationals convicted under the Foreigners Act, 1946, were not being repatriated even after serving their sentences. Instead, they were indefinitely detained in correctional homes due to bureaucratic delays in nationality verification and deportation procedures.Following this, the Calcutta High Court took suo motu cognizance and issued notices to the Principal Secretary of the Home Department of West Bengal in May 2011. However, since no substantial progress was made, the petitioners moved the Supreme Court seeking a transfer of the case. The Supreme Court granted the transfer petition and assumed jurisdiction over the matter in 2012..When the matter was heard on January 30, the Court questioned the rationale behind keeping the illegal immigrants in detention homes despite them serving out their sentences..The Court also sought clarity on why nationality verification process is not completed before or during the convict’s imprisonment, so that deportation could follow immediately after release from prison.Additionally, the Court took note of a 2009 circular issued by the Union Ministry of Home Affairs, which mandates that the verification of a suspected Bangladeshi national’s citizenship must be completed within 30 days. The bench asked the government to explain why this provision was not being followed in practice.''The only confusion in our mind is that once an illegal immigrant is put to trial and is held guilty then what is the requirement for further verification of his nationality at the end of the Ministry of External Affairs',' the Court noted..The Supreme Court also put a spotlight on West Bengal’s Standard Operating Procedures (SOPs) for the deportation of foreign convicts. The State government’s 2007 memo allows convicted Bangladeshi nationals to remain in correctional homes as “Jaankhalash convicts” while awaiting repatriation. According to the memo, “Jaankhalash convicts” refers to foreign nationals, particularly Bangladeshi immigrants, who have completed their prison sentences but remain detained in correctional homes while awaiting deportation due to administrative delays. The Court questioned the legality of this prolonged detention. The Court observed that this practice has no legal justification and violates the fundamental rights of detainees under Article 21 of the Constitution.The bench also questioned West Bengal’s role in implementing the deportation process, directing the State government to clarify its obligations in such cases. It further sought details on the exact number of foreign detainees currently lodged in correctional homes in the State.The bench pointed out that when the case was originally filed in 2011, over 850 Bangladeshi nationals were held in detention even after completing their sentences. Despite the matter being pending for over a decade, no substantial steps have been taken to resolve the issue of indefinite detention, the Court said.Therefore, it directed the Union and State governments to provide updated figures on the current number of such detainees.[Read Order]