The Union government on Wednesday told the Supreme Court that it will, on humanitarian grounds, bring back to India a pregnant woman from West Bengal and her eight-year-old son who were “pushed” into Bangladesh by the authorities on claims that they are undocumented immigrants, Live Law reported.
Solicitor General Tushar Mehta told a bench of Chief Justice Surya Kant and Justice Joymalya Bagchi that Sunali Khatun and her son Sabir will be brought back “following the procedure without prejudice to our contentions on merits and our right to put them under surveillance”.
On Monday, the bench had asked the Union government if Khatun and her son could be returned to India on humanitarian grounds. It took note of Khatun’s advanced pregnancy and sought instructions on whether she could be permitted to re-enter India through the Malda border.
Khatun, her son and husband Danish Sk were released on bail in Bangladesh on Monday evening. So was another family of Sweety Bibi and her two sons. They were arrested on August 21 for illegal entry after being “pushed” into Bangladesh by the Indian authorities in June.
They walked out of the Chapainawabganj jail at about 7.30 pm after more than three months in custody.
Their release followed a local court order that granted them bail on humanitarian grounds. A Bangladeshi citizen stood surety for the group and provided a bail bond of 5,000 taka.
The Chapainawabganj court accepted arguments that the group included a pregnant woman and children, and ordered their release on bail. However, the magistrate set conditions that they must remain in Bangladesh and appear before the court when required.
Khatun, Sweety Bibi and their families have maintained that they hail from West Bengal’s Birbhum district. Khatun, her husband and son were taken into custody in Delhi on June 20, and all three were sent to Bangladesh six days later.
On September 26, the Calcutta High Court had set aside the deportation order against the six persons. It had directed that they be brought back to West Bengal within four weeks. The High Court had passed the order on a petition filed by Khatun’s father Bhodu Sekh.
Two days before the four-week period ended, the Union government in October challenged the order before the Supreme Court. The Union government and the Delhi Police questioned whether the High Court had the jurisdiction to hear the case.
In its order on Wednesday, the Supreme Court observed that the solicitor general had agreed to bring back Khatun, along with her son. It noted that Mehta had submitted that Khatun would be brought back to Delhi as she had been taken into custody from there, Live Law reported.
“However, there is a suggestion by the learned senior counsel representing the respondents that it will be advisable to shift her to the town where her father stays in the district of Birbhum,” Live Law quoted the bench as saying.
The bench also directed the West Bengal government to ensure free medical facilities for the woman.
It further directed the state government to also take care of her son.
During the proceedings, advocate Kapil Sibal, representing the West Bengal government, requested that the Union government be instructed to repatriate the other four persons who had been deported.
However, Mehta claimed that they were Bangladeshis and the Union government had a serious contest. He also said that it was surprising that the state government was appearing on a caveat in the matter and seeking protection for them.
The bench also observed that if Khatun could establish a biological connection with Bhodu Sekh, who was an Indian citizen, then she could also establish Indian citizenship, Live Law reported.
The Supreme Court will hear the matter next on December 12.
While hearing the matter last week, the Supreme Court had suggested that the Union government bring back all six persons so that they could be given an opportunity for a hearing, Live Law reported.
The solicitor general had said at the time that he would be able to prove that they were foreigners.
Since May, thousands of Bengali-speaking migrant workers have been rounded up in states ruled by the Bharatiya Janata Party and asked to prove that they were Indian citizens – and not undocumented immigrants.
In several cases, workers have been declared foreigners within days and forced into Bangladesh, despite being Indian citizens.
Following the Union government’s submission in Khatun’s case on Wednesday, Trinamool Congress MP and West Bengal Migrant Workers Welfare Board chairperson Samirul Islam said that justice had finally prevailed after a long wait.
On social media, Islam noted that Khatun had been “illegally deported to Bangladesh merely for speaking Bengali, and her ordeal across the border stands as a stark example of why BJP is called Bangla-Birodhi Zamindars”.
The Rajya Sabha MP added that “the relentless fight of this poor woman ultimately found victory” in the Supreme Court.
After a long wait, justice has finally prevailed. The Central Government has agreed, on humanitarian grounds, to bring back pregnant Sunali Khatun and her minor son.
She was illegally deported to Bangladesh merely for speaking Bengali, and her ordeal across the border stands as… pic.twitter.com/N9Z2TGLnLO
— Samirul Islam (@SamirulAITC) December 3, 2025
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