The Supreme Court of India.
Credit: PTI File Photo
New Delhi: The Supreme Court on Thursday questioned the Union government over a need to ascertain the nationality of the illegal immigrants from the countries they are to be deported to when they are specifically charged for having illegally entered India while being a national of that country.
A bench of Justices J B Pardiwala and R Mahadevan voiced its concern over the pathetic condition of illegal immigrants being detained even after serving their sentence.
"What is the idea in asking the neighbouring country to tell this country about nationality and verification," the bench asked.
The court also questioned the West Bengal government for not having an adequate number of correctional homes.
The state counsel contended illegal immigrants' nationality is to be verified from their country before they can be deported, as the offence under the Foreigners' Act is regarding entry into India without valid travel documents.
The court, however, said once they have been charged for being Bangladeshi nationals and illegally entering the country, then there was a need to further ascertain the nationality.
The Union government, led by Additional Solicitor General Aishwarya Bhati, contended that illegal migrants can't be pushed back across borders until their nationalities are verified from the respective countries.
The bench, however, asked once the charge against illegal immigrants is precise that they have illegally entered India, where is the need to await verification from the neighbouring country?
"We have reached a stage where we need to take immediate steps to send them back, and they should not stay back," the bench said.
The court reserved its judgment in the case, raising the issue of indefinite detention of illegal Bangladeshi immigrants in the country.
The petitioners, Maja Daruwala and another claiming to be a public-spirited citizen associated with an organisation by the name 'Common Health Human Rights Initiative' (NGO), raised concerns over all those illegal immigrants from Bangladesh who are put to trial for the offence punishable under the Foreigners Act after undergoing sentence instead of being deported to their own country are being detained in the correctional homes in West Bengal.