In a significant development in the ongoing litigation over the alleged deportation of Bengali-speaking individuals to Bangladesh, the Union Government on Friday informed the Supreme Court that it would bring back certain persons who had been deported and conduct a proper inquiry into their citizenship status before taking any further action.
Appearing before a Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi, Solicitor General Tushar Mehta stated that the Union had decided, “keeping in view the peculiar facts and circumstances of the case,” to facilitate the return of the deported individuals and examine their claims to Indian citizenship in accordance with law.
“My instructions are, the Government will bring them back, and thereafter will examine their status, and depending on the outcome, will take steps accordingly,” the Solicitor General submitted before the Court, reported LiveLaw.
Senior Advocate Sanjay Hegde, appearing for the affected individuals, urged the Court to formally record the Union’s assurance. The Solicitor General agreed, while clarifying that the statement was being made in the exceptional circumstances of the present case and should not be treated as a precedent for future matters involving deportation or citizenship disputes.
As per LiveLaw, recording the submission, the Supreme Court passed an order stating: “The Solicitor General of India submits that keeping in view the peculiar facts and circumstances of the case, and by not treating it as a precedent to be followed in other instances, the Government of India has decided to bring the respondents back to India and to verify the claim of Indian citizenship. Their continuation in India will depend on the outcome of such enquiry.”
The Solicitor General informed the Bench that the process of bringing the individuals back from Bangladesh could take approximately eight to ten days.
The proceedings arise out of a series of habeas corpus petitions concerning Bengali-speaking families who were deported to Bangladesh in June 2025 during identity-verification operations allegedly conducted under a Ministry of Home Affairs directive. In September 2025, the Calcutta High Court had directed the repatriation of several deported persons, including Sunali Khatun, her husband Danish Sekh and their minor son Sabir Sekh, as well as Sweety Bibi and her two sons, Kurban and Imam. The High Court had sharply criticised the “hot haste” with which the deportations were carried out, observing that the affected individuals were removed without adequate inquiry, without a meaningful opportunity of hearing, and in apparent violation of procedural safeguards contained in the Union Government’s own guidelines.
The present development marks a substantial shift in the Union’s position. Earlier, in December 2025, the Centre had agreed to facilitate the return of Sunali Khatun—who was then in an advanced stage of pregnancy—and her young son on what it described as “purely humanitarian grounds.” At the time, the Supreme Court had underscored the need to balance legal enforcement with humanitarian considerations, remarking that some situations required “law to bend to humanity.”
That earlier intervention had followed disturbing findings by the Calcutta High Court regarding the manner in which the deportations were executed. According to the pleadings before the High Court, the affected families, originally from West Bengal but residing in Delhi for livelihood, were detained during an identity-verification exercise and deported to Bangladesh within five days. The High Court had noted that documentary material, including electoral records relating to the deportees’ family members, prima facie indicated Indian lineage and warranted a fuller inquiry before any coercive action could be taken.
While the Union Government has consistently maintained that the deportations were lawful and that the citizenship claims remain disputed, Friday’s undertaking before the Supreme Court indicates that the affected individuals will now be given an opportunity to establish their nationality status within India before any further steps are contemplated.
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