The Supreme Court on Friday recorded an undertaking from the Centre that it would bring back from Bangladesh certain individuals who had been deported from the country on the suspicion that they were illegal immigrants.
Solicitor-general Tushar Mehta gave the undertaking to a bench headed by Chief Justice of India Surya Kant, adding that the process may take “8-10 days". Mehta underlined that this should not be treated as a precedent as these cases were being considered because of the "peculiar facts" they involved.
Mehta said the “continuation” of those who would be brought back would depend on the outcome of the inquiry that would be conducted to determine their citizenship.
“The government will bring them back and thereafter will examine their status. Depending on their status and the outcome of the exercise, we will take necessary steps,” Mehta told the bench.
The bench, which also had Justice Joymalya Bagchi and Justice Vipul M. Pancholi, was dealing with an appeal filed by the Centre challenging the September 26, 2025, judgment of Calcutta High Court directing the government to bring back Sunali Khatun, a pregnant woman who had been deported to Bangladesh on the ground that she was a national of that country.
Sunali has been brought back to India and has given birth to a boy.
Senior advocate Sanjay Hegde, appearing for Sunali's father Bhodu Sheikh, insisted that Mehta’s statement be recorded by the court as a formal undertaking by the Union of India.
Mehta said he had no objection provided it was recorded that the decision to bring back some persons should not be regarded as a precedent.
CJI Kant said: “The Learned Solicitor General... submits that in keeping with the peculiar facts and circumstances of the case and by not treating the same as a precedent to be followed in other instances, the Union of India has decided to bring the respondents back to India to verify the claim of Indian citizenships. It is further stated that their continuation in India will depend on the outcome of such enquiry."