The Supreme Court has expressed concern over the custody of illegal Bangladeshi migrants in India indefinitely. The apex court asked the central government why they were being kept in reform houses for a long time instead of sending them to their country. A bench of Justices JB Pardiwala and Justice R. Mahadevan clarified that the migrants convicted under the Foreign Act, 1946 should be deported as soon as the sentence is completed.
The court sought information from the government that despite the completion of the sentence, how many illegal migrants have been kept in custody in various reform houses. The court expressed serious concern over the indefinite custody of around 850 migrants and questioned the failure in compliance with section 2 (v) of the 2009 circular, which provides for completion of exile process within 30 days.
Background of the case and strict remarks of the court
This case Maja Daruwala vs India Union Connected with the Calcutta High Court in 2013 to the Supreme Court. The petition filed in 2011 claimed that many illegal Bangladeshi migrants are imprisoned in reform homes in West Bengal despite completing their sentence. The Calcutta High Court took automatic cognizance of this issue and sent it to the Supreme Court.
The Supreme Court also asked the government to clarify what steps are required from the West Bengal government to solve this problem. The court expressed displeasure over the violation of the existing guidelines and reiterated the need for exile. The next hearing of the case will be held on 6 February.
