In a significant development, the Supreme Court of India was informed that Sonali Khatun, a pregnant woman deported to Bangladesh, and her eight-year-old son will be brought back to India purely on humanitarian grounds.
Solicitor General Tushar Mehta told the Court that the Indian authorities will place her under supervision and ensure she receives adequate medical treatment upon her return.
The Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi was hearing a petition seeking permission for Khatun and her child to re-enter India.
Appearing for the petitioner, the counsel submitted that it would be in Khatun’s best interest to stay with her father in Birbhum, West Bengal, particularly given her advanced stage of pregnancy.
Agreeing with the suggestion, the CJI said that the Birbhum medical authorities would provide her with free medical assistance.
The Solicitor General informed the Court that Sonali is a Bangladeshi national, but authorities have recorded her address as Birbhum.
Justice Bagchi noted that if officials establish her biological relationship with Bodhu Sheikh, who claims to be her father, they could potentially recognise both Sonali and her son as Indian citizens.
During the previous hearing, the Supreme Court instructed the Centre to consider allowing Sonali to enter India through the Malda border crossing.
The Court also emphasised that authorities must keep her under supervision within the country while they examine her legal status.
The CJI reminded all states and Union Territories that Monday’s circular requires them to notify a permanent counsel in such matters.
The Delhi Police detained Sonali after they mistook her for an illegal Bangladeshi migrant.
They then deported her to Bangladesh, where officials arrested her for unauthorised entry and sent her to prison.
Bangladesh released the 26-year-old woman from Chapainawabganj Jail after she spent five months there and reached the final stage of her pregnancy.
The Supreme Court will hear the matter again on 12 December.
SG Mehta also requested the Court to place a stay on the contempt proceedings, noting that the woman had approached the Delhi High Court before coming to the Supreme Court.
Kapil Sibal, appearing for the state, stated there was nothing surprising about the procedural steps taken.
The Court will now decide the future course of action after Khatun’s return to India.
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