In a humanitarian move, the Indian government will bring back a pregnant Bangladeshi national, Sunali Khatun, and her son after their deportation. The Supreme Court, emphasizing humanity over law, directed the Centre to send Sunali to her father in West Bengal for care. The court also raised questions about her citizenship based on her father’s status. Sunali Khatun and son were deported on suspicions of being Bangladeshis. NEW DELHI: More than five months after her deportation to Bangladesh, the Union govt on Wednesday told Supreme Court that it would “purely on humanitarian grounds” bring back Sunali Khatun, who is pregnant, and her eight-year-old son, even as it stuck to its stand that she is an illegal immigrant from Bangladesh.“Law has to bend before humanity,” said a bench of CJI Surya Kant and Justice Joymalya Bagchi as it asked solicitor general Tushar Mehta to seek instructions from govt about the return of the other four who were detained in Delhi by police before being deported to Bangladesh in June.On Oct 3, a Bangladeshi court had declared Sunali and her family to be Indian citizens. Mehta said the Union govt had taken a humanitarian view only because of the woman’s advanced pregnancy and that she and her minor son would be brought back to Delhi and adequate healthcare provided to her.Send Sunali to her father after getting her back: SC to govtAppearing for Sunali’s father Bhodu Sekh, senior advocate Sanjay Hegde told the bench that she would be better off with her father at her native village in Birbhum district of West Bengal.The Mamata Banerjee govt, through senior advocate Kapil Sibal, supported the plea and requested SC to seek a response from the Centre on the return of the other four, including Sunali’s husband Danish.The bench agreed and said Sunali would be better attended to during her pregnancy if she stayed with her father and asked Centre to send her to Bengal after getting her repatriated to India along with her son. It also directed Birbhum medical officer to provide her with pregnancy-related healthcare free of cost.SC also raised an important issue before the Centre: as govt has not proceeded against Bhodu Sekh on the ground that he is a Bangladeshi national, which would lead to an inference that he is an Indian citizen, Sunali’s proving that she is the biological daughter of Bhodu Sekh would automatically lead to her being considered an Indian citizen, along with her son. However, it was quick to clarify that it would be altogether different if she is not biologically related to Bhodu Shekh.The bench said govt can have a summary inquiry about her citizenship while followings principles of natural justice, i.e. giving her an opportunity to present her case and respond to queries of the authorities concerned. Mehta said Sunali and five others were detained by police in Delhi, not in Birbhum, and a preliminary enquiry found they had no documentary proof about Indian citizenship. The bench posted the matter for hearing on Dec 12. 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Sunali Khatun and son were deported on suspicions of being Bangladeshis.
NEW DELHI: More than five months after her deportation to Bangladesh, the Union govt on Wednesday told Supreme Court that it would “purely on humanitarian grounds” bring back Sunali Khatun, who is pregnant, and her eight-year-old son, even as it stuck to its stand that she is an illegal immigrant from Bangladesh.“Law has to bend before humanity,” said a bench of CJI Surya Kant and Justice Joymalya Bagchi as it asked solicitor general Tushar Mehta to seek instructions from govt about the return of the other four who were detained in Delhi by police before being deported to Bangladesh in June.On Oct 3, a Bangladeshi court had declared Sunali and her family to be Indian citizens. Mehta said the Union govt had taken a humanitarian view only because of the woman’s advanced pregnancy and that she and her minor son would be brought back to Delhi and adequate healthcare provided to her.Send Sunali to her father after getting her back: SC to govtAppearing for Sunali’s father Bhodu Sekh, senior advocate Sanjay Hegde told the bench that she would be better off with her father at her native village in Birbhum district of West Bengal.The Mamata Banerjee govt, through senior advocate Kapil Sibal, supported the plea and requested SC to seek a response from the Centre on the return of the other four, including Sunali’s husband Danish.The bench agreed and said Sunali would be better attended to during her pregnancy if she stayed with her father and asked Centre to send her to Bengal after getting her repatriated to India along with her son. It also directed Birbhum medical officer to provide her with pregnancy-related healthcare free of cost.SC also raised an important issue before the Centre: as govt has not proceeded against Bhodu Sekh on the ground that he is a Bangladeshi national, which would lead to an inference that he is an Indian citizen, Sunali’s proving that she is the biological daughter of Bhodu Sekh would automatically lead to her being considered an Indian citizen, along with her son. However, it was quick to clarify that it would be altogether different if she is not biologically related to Bhodu Shekh.The bench said govt can have a summary inquiry about her citizenship while followings principles of natural justice, i.e. giving her an opportunity to present her case and respond to queries of the authorities concerned. Mehta said Sunali and five others were detained by police in Delhi, not in Birbhum, and a preliminary enquiry found they had no documentary proof about Indian citizenship. The bench posted the matter for hearing on Dec 12. Don’t know if my baby will be born in B’desh or in India: Sunali
