SC to Government: Why Are Illegal Bangladeshi Immigrants Still in Detention After Serving Their Sentence?

New Delhi (The Uttam Hindu): The Supreme Court has raised concerns over the indefinite detention of illegal Bangladeshi immigrants in India. The court has sought a response from the central government regarding the prolonged confinement of these individuals in reformatories across the country instead of deporting them to their home country. A bench comprising Justice JB Pardiwala and Justice R Mahadevan emphasized that when an illegal Bangladeshi immigrant is apprehended and convicted under the Foreigners Act of 1946, they should be deported immediately upon completing their sentence.

The bench inquired about the number of illegal immigrants who, after serving their sentence under the Foreigners Act, are still being held in various reformatories. The Supreme Court expressed concern over the indefinite detention of nearly 850 illegal immigrants. The court also questioned the government's failure to comply with Section 2(v) of the 2009 circular, which mandates the completion of the deportation process within 30 days. The bench further highlighted the need for the center to provide a clear explanation of the steps the West Bengal government should take in handling such cases.

'Imprisonment After Sentence Completion in Reformatories'

The case of Maja Daruwala vs. Union of India was referred to the Supreme Court from the Calcutta High Court in 2013. The case originally began in 2011 when a petitioner raised concerns about the plight of illegal Bangladeshi immigrants who were kept in West Bengal reformatories even after completing their sentences. Prior to being transferred to the Supreme Court, the Calcutta High Court had taken suo-motu cognizance of the issue. The bench noted that such practices go against the current guidelines, which stress the need for prompt deportation procedures. The next hearing for the case is scheduled for February 6.