'Why keep illegal immigrants in detention camps indefinitely': Supreme Court asks Centre

New Delhi: The Supreme Court has asked the Union government to explain once an illegal immigrant from Bangladesh has been convicted for the alleged offence, is it not established that he is not a citizen of India, then what is the idea in keeping hundreds of such illegal immigrants in detention camps or correctional homes for an indefinite period of time.

"The only confusion in our mind is that once an illegal immigrant is put to trial and is held guilty then what is the requirement for further verification of his nationality at the end of the Ministry of External Affairs," a bench of Justices J B Pardiwala and R Mahadevan said.

Referring to a circular issued by the Government of India on November 25, 2009, the bench said, "The plain reading of Clause 2(v) indicates that the entire exercise of deportation, verification etc is to be undertaken within a period of 30 days. We want to know why this Clause 2(v) is not being strictly complied with."

The court was considering a transfer petition filed in 2013 related to illegal immigrants.

When the petition was filed, there were almost 850 illegal immigrants detained in the correctional homes, the court noted.

"We would like to know the figure as on date. How many illegal immigrants as on date are in various detention camps/ correctional homes after being convicted and having undergone the entire sentence under the Foreigners Act," the bench asked the Centre.

The petitioners Maja Daruwala and another, claiming to be public spirited citizen associated with an organisation by name “Common Health Human Rights Initiative (NGO) addressed a letter to the Calcutta High Court's Chief Justice on May 2, 2011.

They 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.

On May 13, 2011, the High Court took suo motu cognisance of the matter and sought a response from the West Bengal government.

Subsequently, on a transfer petition, the matter stood transferred before the apex court.

Examining the matter on January 30, the court said the pivotal issue that falls for consideration is that if an illegal immigrant from Bangladesh after being apprehended and proceeded under Section 14A(b) of the Foreigners Act, 1946 is convicted and sentenced to undergo a particular term of imprisonment then after he completes his term of sentence should be immediately repatriated/deported to his own country or should he be kept for an indefinite period in the correctional homes in India.

"We would like to understand from the respondents that once an illegal immigrant from Bangladesh has been convicted for the alleged offence is it not established that he is not a citizen of India. What is the idea in keeping hundreds of such illegal immigrants in detention camps or correctional Homes for an indefinite period of time? The Union of India owes an answer to all the questions put by us," the bench said.

The court also asked the West Bengal government whether they have any role to play in this litigation.

"We would also like to know from the Union of India what is expected of the State of West Bengal to do in these type of matters," the bench said.

The court granted one last opportunity to both the Union and the West Bengal government to place their stance on record by way of an appropriate report or an affidavit explaining all the relevant aspects of the matter.

It fixed the matter for further hearing on February 6, 2025.