NEW DELHI: The Supreme Court on Thursday refused to pass any interim order against alleged detention of Bengali speaking migrant workers for it would have consequences on real illegal Bangladeshi nationals, even though the top court decided to consider a plea in this regard.
On a petition filed by West Bengal Migrant Welfare Board, a bench of Justices Surya Kant and Joymalya Bagchi said, “Suppose someone has come illegally in India, how to deal with that situation? If they don't detain, he will disappear."
The court said it is not keen to pass any interim order with regard to the detention, as any order will have consequences, especially with respect to people who genuinely came from across the border.
The court said that it cannot ignore the ground reality that there are risks of foreigners illegally infiltrating India.
“Some mechanism is required for bona fide workers. Either state of origin can issue some kind of card...and local police accept it as prima facie proof of his having come for livelihood,” the bench said.
The court said States where these migrant workers are working have the right to inquire from their state of origin about their bona fides, but the problem is in the interregnum.
“If we pass any interim orders, then it will have consequences, especially for those who have illegally come from across the border and need to be deported under the law," the bench said.
The court asked advocate Prashant Bhushan, appearing for petitioner to wait for some time for a response from the Centre and nine states—Odisha, Rajasthan, Maharashtra, Delhi, Bihar, Uttar Pradesh, Chhattisgarh, Haryana and West Bengal.
Bhushan claimed that people are being harassed by the authorities in States just because they speak the Bengali language and have documents in that language, on the basis of a circular issued by the Ministry of Home Affairs.
The counsel said authorities are randomly picking up Bengali Muslims and claiming them to be Bangladeshis, and when it is verified, it is seen that they are Indians.
The plea raised questions over a letter issued by the Union Home Affairs Ministry in May 2025, which authorised inter-state verification and detention of suspected illegal immigrants.
The bench suggested a system to easily verify the home state of migrant workers, which would make it easier to confirm their Indian status.
"On migrant labourers, isn't there a system in place to check the the place of origin of such workers and verify the same," the court asked.
The bench said a nodal agency is needed to coordinate between the state of origin and the state where they are earning a livelihood. The counsel emphasised that the authorities are detaining the persons when being verified, and there is panic among Bengali Muslims.
The bench noted that the workers are from the eastern part coming to the north to work, and the nodal agency can coordinate.
Bhushan alleged that some are even being tortured in such detention centres, and even the Foreigners Act does not give authority for this, even if someone is termed a foreigner.
The court fixed the matter for further hearing on August 25.
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