SC Seeks Centre’s Response on Plea Alleging Woman ‘Illegally’ Deported to Bangladesh

The Supreme Court on Thursday issued notice to the Centre on a petition alleging that a woman from West Bengal was detained in Mumbai and subsequently deported to Bangladesh without proper verification of her nationality or adherence to due process.

A Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana heard a habeas corpus petition filed by the woman’s son, Sahin Fakir. The Court has sought the Centre’s response within four weeks.

The petitioner has identified his mother as Sahida Fakir and claimed that she is an Indian citizen and a permanent resident of Gobindapur in North 24 Parganas, West Bengal. According to the plea, her grandfather’s name appeared in the 1952 electoral roll, while her parents’ names were included in the 2002 electoral roll.

The petition alleges that Sahida was detained in Mumbai on July 19, 2026, and remained in custody for more than 100 hours without being produced before a Magistrate. It is further alleged that she was subsequently taken to the India-Bangladesh border and handed over across the border by the Border Security Force (BSF), without a judicial determination of her nationality.

The petitioner has challenged the legality of the deportation process and contended that the authorities did not provide his mother a meaningful opportunity to establish her Indian citizenship or contest the allegation that she was a Bangladeshi national.

The plea also challenges the Standard Operating Procedure issued by the Union Home Ministry on May 2, 2025, titled “Procedure for Deportation of Illegal Bangladeshi Nationals/Rohingya-regarding,” as well as provisions of the Immigration and Foreigners Order, 2025. The petitioner has argued that these measures cannot be applied in a manner that permits the removal of persons from India without the safeguards prescribed by law and the Constitution.

The petition seeks directions for Sahida’s immediate and safe repatriation to India and protection against any adverse action until her citizenship status is determined in accordance with law.

In a similar case, the Union Government in May had told the Supreme Court that it would bring back certain persons who were deported to Bangladesh, and determine their citizenship status before taking further steps. Solicitor General of India Tushar Mehta had then submitted before a bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi, "My instructions are, the Government will bring them back, and thereafter will examine their status, and depending on the outcome, will take steps accordingly,"

Court was hearing the Union's petitions challenging the Calcutta High Court's directions to repatriate certain Bengali-speaking individuals who were sent to Bangladesh on suspicion of their citizenship.

On December 3, 2025 the Central government had agreed to bring back a pregnant woman deported to Bangladesh earlier this year along with her eight-year-old son, after the Court had urged that the matter demanded humanity over technicalities. Court was told that the deportation was carried out through official channels, a judicial order recording the government’s position was necessary to enable diplomatic procedures.

Case Title - Sahin Fakir v. Union of India and Ors.

Bench: CJI Kant, Justice Bagchi and Justice Mohana

Hearing Date: September 17, 2026