The Supreme Court on Thursday sought the response of the Centre and of nine States, including the UT of Delhi, to a plea challenging the alleged detention and torture of migrant workers in India, while the State authorities inquire their whereabouts to find out if they are foreign immigrants from Bangladesh.

The Public Interest Litigation (PIL) alleged that Bengali-speaking workers were being detained on suspicion of being Bangladeshi nationals across various states.

A bench of Justice Surya Kant and Joymalya Bagchi refused to pass any interim order on the detention issue, noting that any such step would have consequences for people who had crossed the border illegally.

"States where these migrant workers are working have the right to inquire from their state of origin about their bonafide but the problem is in the interregnum. If we pass any interim orders, then it will have consequences, especially those who have illegally come from across the border and need to be deported under the law," the bench said.

The court asked advocate Prashant Bhushan, appearing for petitioner West Bengal Migrant Welfare Board, to wait for responses from the Centre and nine states, Odisha, Rajasthan, Maharashtra, Delhi, Bihar, Uttar Pradesh, Chhattisgarh, Haryana and West Bengal.

Bhushan alleged that people were being harassed by state authorities because they speak Bengali and carry documents in that language, based on a circular issued by the home ministry.

"They are being detained while an inquiry is being held about their bonafide and in some cases, they are even tortured. Kindly pass some interim order that no detention will be held. I have no problem with enquiries but there should not be any detention," Bhushan told the court.

The bench observed that a mechanism needed to be developed to ensure genuine citizens are not harassed. The court issued notice to the Centre and the nine states, listing the matter for hearing after a week.

The petition comes in the backdrop of recent allegations of discrimination against Bengali-speaking labourers across states.

Nearly a month and a half after Rajasthan Police, aided by the Border Security Force (BSF), allegedly pushed worker Amir Shekh, originally from Malda, West Bengal, into Bangladesh, the BSF handed him over to Basirhat Police in North 24 Parganas district on August 12.

Appearing before the Calcutta high court, the BSF on Wednesday said Amir had “inadvertently” crossed into Bangladesh earlier and was apprehended when trying to return without valid papers.

The court recorded that if Amir’s father approached the police with necessary records, he would be handed over after completing formalities.

Asit Sarkar, 54, from Patiram in South Dinajpur district, has been lodged in Maharashtra’s Thane jail for nearly three months. He was branded a Bangladeshi after allegedly failing to explain his address in Hindi.

Sarkar had travelled to Maharashtra in January with his two sons for work in a gold-plated necklace manufacturing unit in Bhiwandi. In late February, Narpoli police raided their locality and detained seven workers, including Sarkar.

The climate of fear has pushed over 100 migrant workers from Tufanganj, Cooch Behar, to return home from Gurgaon by hiring a bus on August 5.

“I used to stay with my wife at a slum in Gurgaon. There, I had around 30 shanties, which I used to lease out to migrant workers from Bengal. They used to work as cleaning staff in the local apartments. Altogether, I could make around Rs 40,000 to Rs 50,000 a month,” said Mafijul Haque, a resident of Dhadhial-Ghatpar village who returned with the group.

There have also been reports from Haryana of Bengali-speaking workers alleging police torture.

In North Dinajpur, Mohammad Junaid Alam filed a complaint on August 7 at Goalpokhar police station against Panipat police in Haryana, alleging torture in custody.

“I was mercilessly beaten up by the police at the Panipat police station only because I speak Bengali. This is unacceptable. I filed a complaint with the Bengal police against the Panipat police. Those who had tortured me for no reason should be punished,” Junaid said.

Haryana governor Ashim Kumar Ghosh has raised concerns over allegations that Bengali-speaking workers are being harassed in the state.

“On Tuesday (August 5), the chief secretary and DGP came for a courtesy meeting. I raised the concerns of people from West Bengal about whether they have been harassed. Both of them confirmed that the state authorities have no animosity towards genuine residents of Bengal and that Haryana maintains good relations with the state. They also said that many people from Haryana live in Bengal and are treated well by Bengalis there,” Ghosh said from Haryana.