Supreme Court orders repatriation of pregnant woman and her son from Bangladesh, Centre clears move on humanitarian grounds

New Delhi (The Uttam Hindu): During the hearing of a very sensitive case in the Supreme Court on Wednesday, the Central Government showed a big heart and took an important decision on humanitarian grounds. The Central Government informed the apex court that it will bring back pregnant woman Sonali Khatun and her 8-year-old son Sabir from Bangladesh to India. Solicitor General (SG) Tushar Mehta made this statement before the bench of Chief Justice (CJI) Surya Kant and Justice Joymalya Bagchi, after which the court allowed both of them to enter India. The court has also issued strict instructions to the West Bengal government and the Birbhum district administration for the health and care of the mother and son.

During the hearing, Solicitor General Tushar Mehta clarified that the return of Sonali Khatoon and her son was being done solely on humanitarian grounds. He emphasized that this move would not affect the merits of the case and that the government would reserve the right to keep them under observation. The central government also clarified that this decision was an exception and should not be used as a precedent for other cases. Last Monday, the Supreme Court had asked the central government whether the woman could be brought back due to her pregnancy, after which the government, following the instructions, agreed.

The Supreme Court directed the West Bengal government to provide Sonali with completely free medical care, taking into account her pregnancy. The Chief Medical Officer (CMO) of Birbhum has been entrusted with this responsibility. The state government has also been ordered to ensure the care of the 8-year-old child, Sabir. The court stated that since Sonali was detained in Delhi, she would first be brought to Delhi. However, the defendant's lawyer suggested that she be sent directly to Birbhum, where her father lives, so that she could receive family support.

The entire matter relates to a special leave petition (SLP) filed by the central government challenging the September 27 order of the Calcutta High Court. The High Court, while hearing a habeas corpus petition filed by Bhodu Sheikh, had ordered the return of his family members who were allegedly abducted from Delhi and deported to Bangladesh. During the hearing in the Supreme Court, Justice Bagchi made a significant observation, stating that if Sonali Khatoon can prove her biological relationship with her father, Bhodu Sheikh (who is an Indian citizen), she can automatically establish her Indian citizenship.

The court also witnessed a heated exchange between the central government and the West Bengal government. When senior advocate Kapil Sibal, representing the state government, demanded the return of the other four individuals, Solicitor General Mehta strongly opposed the move. He stated that they were Bangladeshis, and the central government had serious disagreements. Mehta expressed surprise at the state government's interference and its defense of the infiltrators. However, the Supreme Court has not yet issued a written stay on the contempt proceedings in the High Court, but has clarified that the High Court will not proceed as long as the matter is pending. The next hearing will be held on December 12th.