The Union Government informed the Supreme Court on Wednesday that it will bring back to India a pregnant woman, Sunali Khatun, and her 8-year-old son Sabir, who were recently deported to Bangladesh. The assurance was given purely on humanitarian grounds, the Court was told.

Solicitor General Tushar Mehta conveyed this commitment before a Bench headed by Chief Justice of India Surya Kant and Justice Joymalya Bagchi, adding that the repatriation would follow legal procedures and would not prejudice the Government’s position on citizenship and national security concerns. He clarified that the Centre would retain its right to keep the duo under surveillance after their return.

Earlier on Monday, the Court had asked the Centre whether the mother and child could be brought back owing to Sunali’s medical condition. Today, SG Mehta confirmed that necessary instructions had been received from the Government permitting their return.

Recording the statement, the Court noted that Sunali was detained from Delhi and would be brought back there. A suggestion was also made that she could later be moved to Birbhum district, West Bengal, where her father resides.

The Bench directed the State of West Bengal to provide Sunali with free medical facilities throughout her pregnancy and ensure the welfare of her minor son.

The matter arises from a special leave petition filed by the Centre against a Calcutta High Court decision dated September 27, which had ordered repatriation of several individuals who were allegedly detained in Delhi and deported to Bangladesh. The High Court order followed a habeas corpus plea filed by Bhodu Sekh seeking the return of his daughter Sunali, her husband, and grandchild.

During the hearing, Senior Advocate Kapil Sibal — appearing for West Bengal — urged the Centre to consider the repatriation of the remaining deported individuals as well. The Solicitor General resisted the request, asserting that they are Bangladeshi nationals and the Union strongly disputes their citizenship claims. He also flagged the unusual circumstance of the State Government entering the matter on caveat, suggesting it indicated their position in support of the deported individuals.

Senior Advocate Sanjay Hegde appeared for Bhodu Sekh. Justice Bagchi remarked that if Sunali can prove biological relation to an Indian citizen, that itself could support a claim to Indian citizenship.

The Court noted that last week it had encouraged the Centre to bring all the deported persons back so that they could be given an opportunity to be heard. The Solicitor General responded that the Government would be able to establish that they are foreign nationals.

He further requested the Supreme Court to stay the ongoing contempt proceedings in the Calcutta High Court related to the matter. The Bench declined to pass any such direction, observing that once the matter is being considered by the Supreme Court, the High Court is expected to refrain from proceeding.

The case will be taken up again on December 12.

Case Title: Union of India v. Bhodu Sekh & Ors., SLP (Crl) No. 18658/2025
Union of India v. Amir Khan & Ors., SLP (Crl) No. 18891/2025