The Supreme Court on Thursday agreed to hear a PIL claiming that Bengali-speaking Muslim migrant workers from West Bengal are being detained in several states on suspicion of being Bangladeshi nationals.
A bench of Justices Surya Kant and Joymalya Bagchi issued notices to the Centre and the governments of Odisha, Rajasthan, Maharashtra, Delhi, Bihar, Uttar Pradesh, Chhattisgarh, Haryana, and West Bengal, seeking their replies.
Advocate Prashant Bhushan, representing the West Bengal Migrant Welfare Board, said the detentions were spreading fear among Bengali-speaking Muslim migrants across India. He argued that most detainees were verified as Indian citizens. In some cases, they were deported and later brought back after verification. He noted that Delhi Police claimed their documents were in the “Bangladeshi language,” which does not exist — it is Bangla (Bengali).
Bhushan argued that the Foreigners Act does not permit detention based only on suspicion. He alleged that some detainees had been tortured. He sought an interim order to stop such detentions.
The bench refused interim relief, warning that it could affect cases involving real illegal migrants who must be deported by law. It said states hiring migrant workers could verify identities with the worker’s home state. It suggested a mechanism like an official card from the home state to act as proof of residence.
The case also claims detentions often occur because documents are in Bangla. The matter is likely to be heard again in two weeks.
