New Delhi: The Supreme Court on Friday, sought clarification from the union Government on whether the use of a particular language could be treated as a presumption for being a foreigner, while hearing a Public Interest Litigation (PIL) alleging illegal detention of Bengali Muslims on the ground of being foreigners.
A Bench comprising Justice Surya Kant, Justice Joymalya Bagchi, and Justice Vipul M. Pancholi posed the query during submissions by Advocate Prashant Bhushan, appearing for the petitioner West Bengal Migrant Workers Welfare Board.
Bhushan informed the Court that a pregnant woman was allegedly expelled from India merely because she spoke Bengali. “Bengali language is also spoken in Bangladesh. Therefore, people who are speaking Bengali must be Bangladeshi that is the reasoning being applied,” he argued, questioning how authorities could deport a person without first determining whether they were a foreign national.
Bhushan further submitted that deportation could not be carried out without an agreement with Bangladesh, pointing out that “no Indian authority can forcibly push out anybody from the country without satisfying the conditions of determination and acceptance by the other State.”
The Bench observed that many factual issues were involved and suggested that the matter may be dealt with by the concerned High Court.
Solicitor General Tushar Mehta, opposing the PIL, contended that it was not filed by an aggrieved individual but by an organisation. “India is not the capital for the world’s illegal immigration. There is a system in place,” he said. The Bench, however, pressed the union to clarify if linguistic identity was being used as a presumption by authorities in identifying foreigners.
Justice Surya Kant noted that the threshold question is whether the person in question is an Indian citizen, while Justice Bagchi highlighted the sensitivity of the issue in light of national security, integrity, and conservation of resources. “We inherit a common culture and heritage. In Punjab and Bengal, language and traditions are shared; the border divides us. That is why we request clarification from the union of India,” Justice Bagchi remarked.
The Court adjourned the matter to September 11, 2025.
The PIL, filed by the West Bengal Migrant Workers Welfare Board, alleges arbitrary detention and expulsion of Bengali Muslims on the presumption that they are foreigners.
On August 14, 2025, the Bench had issued notice to nine States, including Odisha, Rajasthan, Maharashtra, Delhi, Bihar, Uttar Pradesh, Chhattisgarh, Haryana, and West Bengal, but declined interim relief without hearing their responses.
