NEW DELHI: Supreme Court Tuesday suggested to the Centre that it bring back the pregnant Sunali Khatun, and five others, including her husband Danish Sekh and their minor son Sabir, who were deported to Bangladesh on grounds of being illegal immigrants, as an interim measure and inquire about their nationality on their return, reports Dhananjay Mahapatra. The court, however, called for tough measures against infiltrators.Appearing for the deportees, senior advocates Sanjay Hegde, Kapil Sibal and G Sankaranarayanan told a bench of CJI Surya Kant and Justice Joymalya Bagchi that Sunali, her husband and son have documents to prove citizenship and their deportation violated their fundamental rights. “They must be brought back as per Calcutta HC’s order,” they said.
Hearing the Centre’s appeal against the HC order, the bench said, “Now that certain material, including landholding records and relatives’ statements, have come on record, why don’t you bring them back and inquire about their nationality? You hardly held any inquiry before deporting them.”Give deported people chance to prove their nationality: SCAs an interim measure, bring them back and hold an inquiry. Examine the documents produced by them or on their behalf and give them a chance to prove their nationality,” the bench said. However, it accepted that the removal of illegal Bangladeshi migrants from Indian soil is absolutely justified. The bench sought Centre’s response to its suggestion on Monday.In its appeal, Centre has challenged the Calcutta high court’s Sept 26 order quashing the detention order of June 24 and deportation order of June 26, and directing the home ministry to take all steps to bring back the six persons so deported within four weeks by working in coordination with high commission of India in Dhaka.Centre said that the six people in question had failed to produce any document to substantiate their claim of being Indian citizens or residing legally in India. After their deportation, a missing person/s complaint was filed with West Bengal police and the gram panchayat issued them domicile certificates. Thereafter, HCs of Delhi and Calcutta were petitioned simultaneously, with the petition before Delhi HC being withdrawn without disclosing that another is pending before Calcutta HC.It said the Delhi Police’s inquiry had established that the persons concerned were illegal Bangladeshi immigrants. In fact, they themselves had admitted to the fact. The deportation orders were passed after following due procedure, Centre said. “Since India has open/porous land borders with many countries such as Bangladesh and Myanmar, there is continuous threat of influx of illegal immigrants, and such influx has serious national security ramifications. There is an organised and well-orchestrated influx of illegal immigrants through various agents and touts for monetary considerations,” Centre argued.
