SC on illegal Bangladeshi immigrants: ‘We need to take immediate steps to send them back’-OxBig News Network

Wondering why confirmation from Dhaka was needed to send back illegal immigrants from Bangladesh, the Supreme Court on Thursday emphasised the need to send back those who have completed their prison term.

“Today we have reached a stage where we need to take immediate steps to send them back and they should not stay back…… Just imagine 1,000-plus people!” a Bench of Justices JB Pardiwala and R Mahadevan said, reserving its verdict on the issue of illegal Bangladeshi immigrants lodged in jails even after serving their prison terms under the Foreigners Act, 1946.

“When an immigrant is apprehended, put on trial and convicted, what is the charge against him? …that you are an illegal immigrant… that you are not entitled to stay in this country without any valid passport or any other document, and we hold you guilty under the Foreigners Act. Once this comes, not challenged and not stayed by any superior court, then what is the idea in asking the neighbouring country about his nationality and verification?” the Bench asked.

The court’s comment came after the Centre and the West Bengal submitted that illegal immigrants can’t be deported unless their nationalities were verified.

The top court has been hearing a suo motu case registered by the Calcutta High Court on the issue of illegal immigrants from Bangladesh languishing in detention homes after their conviction under the Foreigners Act, which was transferred to the top court.

As the West Bengal Government counsel said if illegal immigrants were Bangladeshis was a matter of verification, the Bench shot back, “Who else could they be? That’s the basis of your charge before the Foreigners Tribunal. You have charged him saying that you are a Bangladeshi national, you have entered the country illegally and you hold him guilty, you punish him, you sentence him, then why do you ask?”

Additional Solicitor General Aishwarya Bhati, representing the Centre said the India-Bangladesh border was porous which created the problem.

“How many correctional homes are you going to put up in the country? For how long are you going to put these people in correctional homes? Illegal immigrants detained in India are maintained, provided shelter, medical aid, etc… if they were in any other country they would probably have lost their lives,” Justice Pardiwala said.

Petitioner’s counsel Vrinda Grover said if Bangladeshis trying to cross over were caught at the border, they were sent back immediately and in cases involving inadvertent infiltrators the BSF would send them back after an inquiry.

Expressing serious concern over prolonged detention of illegal Bangladeshi immigrants in correctional homes in West Bengal even after completion of their sentences, the Supreme Court had earlier asked the Centre to explain its failure to comply with its own guidelines that required them to be deported in 30 days from the date they’re found living illegally in India.

“We would like to understand from the respondents (Centre and West Bengal Government) that once an illegal immigrant from Bangladesh has been convicted of the alleged offence, is it not established that he is not a citizen of India? What is the idea in keeping hundreds of such illegal immigrants in Detention Camps/Correctional Homes for an indefinite period of time? The Union of India owes an answer to all the aforesaid questions put by us,” the top court had said.