The Supreme Court on Monday called upon the Union government to examine whether a pregnant woman and her eight-year-old son—recently deported to Bangladesh—could be brought back, emphasizing that such consideration should be “strictly humanitarian.”

A bench led by Chief Justice of India Surya Kant, along with Justice Joymalya Bagchi, heard the matter and scheduled further proceedings for December 3.

Senior Advocate Sanjay Hegde, appearing for the respondents, informed the Court that the woman, Sonali Khatoon—daughter of Respondent Bhodu Sekh—was in an advanced stage of pregnancy when she was deported, and her son, Sabil, was also sent along with her.

Solicitor General Tushar Mehta represented the Union Government, while Senior Advocate Kapil Sibal appeared for the State of West Bengal. The case relates to the Centre’s challenge against a Calcutta High Court direction that ordered repatriation of deported individuals to India.

Acknowledging the urgency of the woman’s medical condition, the CJI asked the Solicitor General to take instructions restricted to her and the child, stating that the request was being made “purely on humanitarian grounds.”

The SG agreed, while expressing reservations about setting a broader precedent. In response, the CJI clarified that the initiative could be taken administratively rather than through a formal judicial direction. Hegde also urged that the mother and son should not be separated, adding that the child’s father had also been deported—though the Court did not address that aspect.

Earlier, the Supreme Court had asked the Centre to consider allowing return of the deported West Bengal residents to ensure they had a fair chance to establish citizenship before competent authorities.

Background

The case arose from a Calcutta High Court judgment in September directing that the deported persons be brought back within four weeks. The High Court, while hearing a habeas corpus petition, noted that even if nationality was in question, deportation procedures must be legally compliant, and citizenship status requires proper scrutiny of evidence before a competent forum.

Respondent Bhodu Sekh had approached the High Court seeking the return of his daughter, son-in-law and grandson, claiming they were native residents of West Bengal and Indian citizens by birth who had temporarily migrated to New Delhi for employment.

He alleged that during an ‘identity verification operation’, they were detained and forcibly deported to Bangladesh on 26.06.2025, despite his daughter being heavily pregnant.

The authorities contended that the individuals had admitted to being Bangladeshi nationals and failed to produce documents such as Aadhaar, ration cards or electoral IDs. They relied on a Ministry of Home Affairs directive dated 02.05.2025 governing deportation of illegal migrants.

However, the High Court observed that any statement made to police may not be voluntary and cannot be the sole basis for deportation. It therefore directed their repatriation to facilitate further inquiry.

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