NEW DELHI — In a direct and pointed exchange, the Supreme Court today questioned the Centre on whether it intends to build a border wall similar to the one in the United States to prevent the entry of illegal immigrants. The query was raised during a hearing on a plea that alleges Bengali-speaking migrants are being illegally detained and deported to Bangladesh.
A bench of Justices Surya Kant, Joymalya Bagchi, and Vipul M Pancholi brought up the complex issue of shared cultural and linguistic heritage. The judges noted that people in border regions like Bengal and Punjab share the same language with their neighbors, even though they are divided by a border. The court has now asked the Centre to provide a clear Standard Operating Procedure (SOP) on how it deports illegal immigrants, particularly those to Bangladesh.
Representing the Centre, Solicitor General Tushar Mehta strongly objected to the petition filed by the West Bengal Migrant Welfare Board, arguing that no specific “aggrieved parties” were present in court. “We know how some state governments thrive on illegal immigrants. Demographic changes have become a serious issue,” he stated.
However, the bench pushed back, suggesting that those who are affected might not have the resources to approach the apex court. Prashant Bhushan, the lawyer for the petitioner, presented a powerful case, alleging that Bengali-speaking people are being forcefully pushed into Bangladesh. He even brought up a habeas corpus petition for a pregnant woman who was allegedly pushed across the border, noting that the Calcutta High Court has put the case on hold.
Responding to Mehta’s global comparison, Justice Bagchi posed the direct question about a border wall. While Mehta replied, “Certainly not,” he maintained that vague allegations couldn’t be addressed without individual complaints. The judge then stressed that while national security is important, the “legacy of a common heritage” must not be forgotten. The bench also made a crucial distinction: while there are concerns about people entering illegally, for those already on Indian soil, certain legal procedures must be followed before they are deported.
The court has asked the Centre to file a detailed reply to the petition. This case will now be heard alongside a separate matter concerning the deportation of Rohingya refugees, highlighting the broad implications of the issue.