Centre Agrees To Bring Back Pregnant Woman Pushed Into Bangladesh, To Offer Medical Assistance

New Delhi: The Centre on Wednesday informed the Supreme Court that it will bring back Sunali Khatun, the pregnant woman who was pushed in to Bangladesh, along with her 8-year-old son. The top court was told that the Centre will also offer all the required medical help and that she will be kept under surveillance.

The matter came up before a bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi. Solicitor general Tushar Mehta submitted before the bench that she is being brought back purely “on humanitarian grounds”.

Mehta said since it was an official deportation, therefore the concerned authorities would need an official order to bring her back into the country. “On humanitarian grounds, Sunali Khatun and her son will be brought here following the procedure. I will expedite the procedure. Without prejudice to our contention on merits and our right to put them under surveillance”, said Mehta, adding that all the medical facilities will be provided to her. The bench was informed that they were picked from Delhi.

The bench said its main concern is that she should be provided medical facilities immediately. Mehta said after filing of the petition they have produced some certificate that she is a permanent resident of some village panchayat in Delhi. Respondent’s counsel suggested to the bench that it will be better to shift her to a township near the border, where her father stays. The bench said it is better that she is looked after by her parents’, and medical facilities should be provided by the state government free of cost, and the state should also make arrangements for the day-to-day care of her son.

Senior advocate Kapil Sibal, representing West Bengal, said Mehta can take instructions on repatriating other four persons, who were deported. Mehta said the Union will be contesting that. The bench granted some time to Mehta to seek instructions on other respondents in the matter.

The bench noted that the Union has not taken any steps against Bhodu Sheikh, father of Sunali, and he has not been proceeded against as a foreigner. “Now, if she can establish her connection as a biological child of Bhodu Sheikh, then as per the Citizenship Act, she will be an Indian citizen…then her son will also (become an Indian citizen)…We are not commenting on that now. Please examine those areas”, noted the bench.

Mehta who replied in affirmative, said that Bhodu Sheikh was staying in Calcutta and they were all found in Delhi. The CJI said since their claim is that they are Indian citizens some summary inquiry has to be there, and that inquiry must be in consonance with the principles of natural justice. "Have they been heard? Been asked to produce some documents," he asked Mehta.

The bench has scheduled the matter for hearing on December 12.

The apex court was hearing a plea of the Centre challenging the September 26 order of the Calcutta High Court. The high court had set aside the central government's decision to deport Sunali Khatun and others to Bangladesh and termed it as "illegal".

The high court quashed the Centre's decision to deport Khatun and Sweety Bibi, residents of Birbhum district in West Bengal, along with their families to Bangladesh after "identifying" them as "illegal immigrants".

It directed the Centre to ensure that the six deported citizens are brought back to India within a month. Centre moved the apex court against this decision of the high court.

Also Read

1. 'On Humanitarian Ground': SC Asks Centre To Consider Allowing Entry Of Pregnant Woman Pushed Into Bangladesh
2. Exclusive | 'I Want To Have My Baby On Indian Soil,' Cries Pregnant Sunali Khatun, An Indian National Now In Bangladesh Custody
3. Bring Back Persons Deported To Bangladesh, As An Interim Measure, Give Them An Opportunity’, SC To Centre