SC notice on petition challenging woman’s ‘illegal’ deportation to Bangladesh

The Hindu Bureau
NEW DELHI

The Supreme Court on Thursday issued notice to the Centre and Maharashtra authorities on a petition challenging the alleged detention and deportation of a woman to Bangladesh and the legality of the Standard Operating Procedure (SOP) dated May 2, 2025, titled ‘Procedure for Deportation of Illegal Bangladeshi Nationals/Rohingya, regarding’, and the Immigration and Foreigners Order, 2025.

The petition was filed by Sahin Fakir, who alleged that his mother, Sahida, was illegally detained and “pushed out” of India into Bangladesh in July without any verification of her nationality. He claimed that she was an Indian citizen and a permanent resident of Gobindapur in West Bengal’s North 24 Parganas district.

Appearing before a Bench headed by Chief Justice of India Surya Kant, senior advocate S. Muralidhar and advocate Prasanna S. challenged the provisions to the extent that they permitted the removal of persons apprehended in India without safeguards prescribed by law and the Constitution.

The petition said the family’s connection with Gobindapur was corroborated by a representation signed by 63 permanent residents of the village, including Mr. Fakir and members of Ms. Sahida’s family, seeking her immediate return to India.

SIR link

The petitioner linked his mother’s deportation to the recent special intensive revision (SIR) of electoral rolls in West Bengal.

He said her name had been deleted from the electoral roll during the SIR exercise despite her Indian identity and long-standing connection with the State being supported by identity and civil documents and historical electoral records. The deletion is under challenge before the competent tribunal, he said.

According to the petition, Ms. Sahida had travelled to Mumbai about 20 years ago with her husband in search of livelihood and worked there as a domestic worker.

Deportation details

It alleged that she was intercepted in Mumbai on July 19 by persons identifying themselves as police personnel, forcibly apprehended and taken to a detention facility. Her identity documents and mobile phone were allegedly taken from her.

The petition alleged that no fair inquiry into her nationality was conducted and that she was not given an effective opportunity to establish her Indian citizenship. It said she remained in custody for over 100 hours without being produced before a judicial magistrate.

Important Legal Words – Meaning & Example

1. Deportation
Meaning: The legal removal of a person from a country, generally for violating immigration or nationality laws.
Example: The petition challenged the alleged deportation of the woman to Bangladesh.

2. Detention
Meaning: The act of keeping a person in official custody or confinement.
Example: The petitioner alleged that his mother was kept in illegal detention before being sent to Bangladesh.

3. Petition
Meaning: A formal written application made to a court seeking a legal remedy or order.
Example: Sahin Fakir filed a petition before the Supreme Court challenging his mother’s alleged deportation.

4. Apprehended
Meaning: Taken into custody or detained by a lawful authority.
Example: The woman was allegedly apprehended in Mumbai and taken to a detention facility.

5. Legal Safeguards
Meaning: Protections provided by law to prevent arbitrary action and protect individual rights.
Example: The petition argued that the woman was removed from India without following the prescribed legal safeguards.

6. Nationality
Meaning: The legal status of belonging to a particular nation.
Example: The petitioner alleged that no proper verification of his mother’s nationality was conducted.

7. Citizenship
Meaning: The legal status of being a recognized citizen of a country, carrying certain rights and duties.
Example: She was allegedly not given an effective opportunity to establish her Indian citizenship.

8. Corroborated
Meaning: Confirmed or supported by additional evidence.
Example: The family’s connection with Gobindapur was stated to be corroborated by a representation signed by 63 residents.

9. Electoral Roll
Meaning: The official list of persons registered and eligible to vote in a particular constituency.
Example: The petitioner claimed that his mother’s name had been deleted from the electoral roll.

10. Competent Tribunal
Meaning: A legally authorized body having jurisdiction to hear and decide a particular type of dispute.
Example: The deletion of her name from the electoral roll was challenged before the competent tribunal.

11. Fair Inquiry
Meaning: An impartial investigation or examination conducted according to established legal procedure.
Example: The petition alleged that no fair inquiry was conducted to determine the woman’s nationality.

12. Judicial Magistrate
Meaning: A judicial officer empowered to exercise specified functions in criminal proceedings.
Example: The petition alleged that the woman remained in custody for over 100 hours without being produced before a judicial magistrate.

13. Standard Operating Procedure (SOP)
Meaning: A set of officially prescribed rules or steps to be followed while carrying out a particular administrative process.
Example: The petition challenged the legality of the SOP relating to the deportation of certain foreign nationals.

14. Immigration
Meaning: The movement of people into a country for residence, along with the laws regulating such entry and stay.
Example: Immigration laws regulate the entry and stay of foreign nationals in India.

15. Constitutional Safeguards
Meaning: Legal protections guaranteed by the Constitution against arbitrary or unlawful State action.
Example: The petitioner argued that the authorities must follow constitutional safeguards before taking action affecting a person’s liberty.

Main Category: Legal Current Affairs
Sub-Category: Supreme Court / Constitutional Law
Topic: Citizenship, Deportation & Personal Liberty
Relevant Articles: Article 14, Article 21 & Article 22
CLAT/CUET(UG/PG)/Judiciary/IAS (Law Optional) Section: Current Affairs + Legal Reasoning

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