The Supreme Court on Wednesday directed the Bengal government to provide medical aid free of cost to Sunali Khatun, who is in an advanced stage of pregnancy, after the Centre told the court that it would bring her and her son Sabir to India from Bangladesh.
It said the well-being of Sabir, 8, should also be the Bengal government’s onus.
Solicitor-General Tushar Mehta told the top court about the Centre’s decision to bring back Sunali and Sabir “purely on humanitarian grounds”.
On a request from Sanjay Hegde, the advocate for Sunali’s Birbhum-based father Bhodu Sekh, the court agreed she be treated there, not Delhi.
The court was hearing an appeal by the Centre that challenged a September 26 Calcutta High Court judgment directing it to bring back
within four weeks Sunali, her husband Danish Sekh, their son Sabir and three others deported to Bangladesh in June on the charge that they were infiltrators. The high court held they were deported without a proper inquiry or a chance to be heard, which violated their fundamental rights.
The bench of Chief Justice Surya Kant and Justice Joymalya Bagchi orally suggested that Sunali’s citizenship could be established based Bhodu’s citizenship details.
The bench in its order passed on Wednesday stated: “Pursuant to the observations made on the previous date of hearing, Mr. Tushar Mehta, learned Solicitor General of India, on instructions, informs that purely on humanitarian grounds, the Government of India has agreed to bring back Sunali Khatun, D/o Bhodu Sekh along with her eight-year-old son, Sabir. Since Sunali was taken into custody in Delhi, learned Solicitor General informs that she will be brought back to Delhi.
However, there is a suggestion by Mr. Sanjay R.
Hegde, learned Senior Counsel representing the respondent(s), that she being in the family way, it will be advisable to bring her to the town where her father stays, namely, Village Paikar (Mandalpara), Murarai, District Birbhum, West Bengal.”
The court directed health authorities of Birbhum to provide free medical facilities that Sunali might require.
Earlier on December 1, the bench had asked the Centre to consider on “humanitarian” grounds bringing back to the country Sunali and her son Sabir.
The Supreme Court verdict, which came two days after the deportees got bail from a court in Bangladesh, brought relief and cheers to the family back in Birbhum.
Bhodu said he was very happy since he heard the Supreme Court order, and his worry would end with his daughter’s homecoming.
“We have been waiting for long for my daughter’s return. She is not well, she is pregnant and needs utmost care. We are happy with the Supreme Court order. However, we are still in the dark on their (Sunali and her son’s) return to India. When they do, it will be a great relief to us,” said Bhodu.
Trinamool Rajya Sabha MP Samirul Islam wrote on X on Wednesday: “After a long wait, justice has finally prevailed. The central government has agreed, on humanitarian grounds, to bring back pregnant Sunali Khatun and her minor son.”
