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Supreme Court Refuses Stay on Bengali Migrant Detentions, Seeks Responses from Centre and States

The court has sought detailed replies from the Union government and nine state governments ahead of further hearings

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Overview

  • On August 14, a bench led by Justices Surya Kant and Joymalya Bagchi declined to grant interim relief against the detention and deportation of Bengali-speaking migrant workers accused of entering India illegally.
  • The justices warned that failing to detain suspected illegal entrants could allow them to disappear and complicate enforcement under the Foreigners Act.
  • Notices were issued to the Centre and nine governments—including West Bengal, Delhi and Maharashtra—on a PIL by the West Bengal Migrant Workers Welfare Board challenging alleged unlawful detentions and torture.
  • Petitioners argue that a May circular from the Ministry of Home Affairs has been used to target Bengali-speaking workers, leading to panic, harassment and informal pushbacks across multiple states.
  • The bench proposed establishing a nodal verification system or state-issued identity cards to swiftly confirm bona fide migrant status and prevent wrongful detention.