Supreme Court Intervenes on Humanitarian Grounds
In a significant ruling on Wednesday, December 3, 2025, the Indian Supreme Court ordered the return of Sunali Khatun, a pregnant Bengali-speaking Muslim woman, and her eight-year-old son, Sabir, who had been deported to Bangladesh. The court's decision was based on 'humanitarian grounds', particularly noting Ms. Khatun's advanced stage of pregnancy. This intervention comes months after the duo was forcibly sent across the border, sparking a legal battle over their citizenship status.
Background to the Deportation and Legal Challenge
Sunali Khatun and her son, along with her husband Danish Sekh and other family members, were detained by Delhi Police on June 18, 2025, on suspicion of being illegal Bangladeshi nationals. They were subsequently deported to Bangladesh on June 27, 2025. The family, who claimed to be Indian citizens and had reportedly lived as daily-wage workers in Delhi's Rohini Sector 26 for over two decades, found themselves in a legal quandary. Ms. Khatun's father, Bhodu Sheikh, a resident of West Bengal, filed a habeas corpus petition, asserting his daughter's and son-in-law's Indian citizenship. The Calcutta High Court had previously quashed the government's deportation order on September 26, 2025, deeming it 'illegal' and directing the Centre to facilitate the return of six deported citizens.
Court's Directives and Citizenship Debate
The Supreme Court, comprising Chief Justice Surya Kant and Justice Joymalya Bagchi, heard the Centre's challenge to the Calcutta High Court's order. While the Centre, represented by Solicitor General Tushar Mehta, maintained its contention that Ms. Khatun and her family were Bangladeshi nationals, it agreed to their return 'purely on humanitarian grounds' and without prejudice to its legal arguments. The court issued several directives:
- The West Bengal government is mandated to provide comprehensive care and medical assistance to Sunali Khatun, including a free-of-cost delivery.
- The mother and son will be kept under surveillance upon their re-entry into India.
- They will eventually be brought back to Delhi, the city from which they were initially deported.
The Supreme Court also noted that if Sunali Khatun could establish her biological connection to Bhodu Sheikh, her Indian citizenship, and consequently her child's, would be affirmed.
Future Proceedings and Broader Implications
The case has been listed for further hearing on December 10 or December 12, 2025, where the court may address the status of other individuals deported alongside Ms. Khatun and her son. This ruling underscores the complex interplay between national security concerns, immigration policies, and humanitarian considerations in India, particularly concerning individuals whose citizenship is disputed. The court's emphasis on humanitarian grounds, despite ongoing legal contentions regarding citizenship, highlights a nuanced approach to such sensitive cases.
5 Comments
Bermudez
The Supreme Court showed commendable empathy, but this decision must not overshadow the need for robust and fair procedures to determine who is a citizen and who isn't.
Coccinella
A ray of hope. Justice for Sunali and her child.
ZmeeLove
Taxpayers will foot the bill for someone who might not even be Indian.
Habibi
This will just encourage more illegal immigration. Unbelievable.
paracelsus
This ruling balances immediate human need with legal complexities. While the court acted kindly, the government still has a right to verify identity without prejudice.