The Supreme Court has called on the Central government and West Bengal to justify why Bangladeshi nationals remain imprisoned despite completing their sentences, raising concerns over prolonged detention and bureaucratic delays.
A bench comprising Justice JB Pardiwala and Justice R Mahadevan issued the directive while hearing a public interest litigation (PIL) that highlighted the plight of these detainees. The Court emphasized that once a foreign national is convicted, their non-citizen status is established, making their continued detention unjustified.
“We need answers as to why these individuals are being kept in correctional homes indefinitely. What is the purpose of holding them in detention camps when they should be repatriated?” the bench questioned, instructing both the Centre and West Bengal to clarify their roles in the process.
This issue dates back to 2011 when a letter from the Commonwealth Human Rights Initiative (CHRI) to the Chief Justice of the Calcutta High Court first brought attention to the problem. Despite a High Court inquiry, little progress was made, leading to the Supreme Court assuming jurisdiction over the matter in 2012.
The Court also sought explanations on why nationality verification isn’t completed before or during a convict’s prison term, ensuring immediate deportation upon release. A 2009 directive from the Union Ministry of Home Affairs mandates that verification of suspected Bangladeshi nationals should be completed within 30 days, yet this guideline appears to be ignored.
Additionally, West Bengal’s policy of classifying such detainees as “Jaankhalash convicts”—foreigners awaiting repatriation in correctional homes—was called into question. The Court deemed this practice legally dubious and a violation of fundamental rights under Article 21 of the Constitution.
With figures from 2011 showing over 850 Bangladeshi nationals in indefinite detention and little progress made in over a decade, the Supreme Court has demanded updated data and a clear explanation from authorities before the next hearing on February 6.