The Supreme Court on Thursday issued notices to the Centre and eight NDA-ruled states over allegations they were illegally detaining Bengali Muslims on suspicion of being foreigners on the basis of a “secret” circular issued by the Union home ministry in May.
Odisha, Rajasthan, Maharashtra, NCT-Delhi, Bihar, Uttar Pradesh, Chhattisgarh and Haryana, as well as the Union government, have been asked to respond within two weeks. The court also sought the Bengal government’s views but did not specify the next date of hearing.
The court declined to pass an interim stay on the police action, saying that could have “unintended effects”.
“What if an infiltrator enters illegally? If you don’t detain, the writing on the wall is that they will disappear,” the bench of Justice Surya Kant and Justice Joymalya Bagchi remarked orally.
Many Bengali migrant workers, including some Hindus, have complained of being detained and tortured by police in these states despite furnishing documents to show they are Indians.
Bengal chief minister Mamata Banerjee has alleged the targeting of Bengalis in BJP-ruled states, accusing the ruling party of “Bengali phobia”.
The West Bengal Migrant Workers Welfare Board, represented by advocates Prashant Bhushan and Cherryl D’Souza, has petitioned the apex court saying these states are indiscriminately detaining Bengali Muslims on suspicion of being Bangladeshi illegals, only to realise later that they are Indian citizens.
In some instances, Bhushan said, people were deported and later brought back after verification that they were Indians.
The court suggested that a nodal agency, involving the Centre and the states, can be created on the matter.
The petitioner has cited a purported letter from the home ministry, dated May 2, that authorises the inter-state verification and detention of suspected illegal immigrants.
The board has alleged violations of fundamental rights, particularly those granted under Articles 14 (right to equality), 15 (non-discrimination), 21 (life and personal liberty), and 22 (protection against arrest and detention).
“…Migrant workers from West Bengal, predominantly employed in low-income and informal sectors in various states, are facing systemic social exclusion based on linguistic basis, economic insecurity, and precarious living conditions in (these) states,” the petitioner has said.
“...The detention policies reinforce harmful stereotypes and unfounded suspicion against inter-state Bengali migrants…. The detentions are conducted without lawful procedures, eroding the dignity and personhood of detainees and impeding their right to pursue livelihood.”
The petitioner has accused the eight states of failing to follow due process for ascertaining an individual’s citizenship.
“There is a serious lack of proper verification of identity or citizenship, coordination with police or families in West Bengal, and institutional framework for verification before they are detained,” it has said.
“…The detention mechanism prescribed by paragraph 9(iv) of the (home ministry) letter dated 02.05.2025, which mandates a 30-day verification period, is misapplied as a carte blanche for arbitrary detention without due verification or opportunity to be heard….
“This letter lacks objective criteria, procedural safeguards, and clear guidelines for identifying ‘suspected Bangladesh/ Myanmar nationals’, creating a vague and arbitrary enforcement.”