NEW DELHI: The Supreme Court on Wednesday ordered the return of Sunali Khatoon, a pregnant woman, and her eight-year-old son, on "humanitarian grounds," seven months after they were pushed across the border to Bangladesh.
The order came after Solicitor General Tushar Mehta, appearing for the Centre, informed the court that the government had agreed to bring back Sunali and her child "purely on humanitarian grounds," and that they would be kept under surveillance.
"The SG on instructions informs that purely on humanitarian grounds, the Government of India has agreed to bring back Sunali Khatun along with her eight-year-old son Sabir. Since Sunali was taken into custody from Delhi, SG informs that she will be brought back to Delhi,” said a bench of Chief Justice Surya Kant and Justice Joymalya Bagchi.
The bench was hearing an appeal filed by the Union government challenging a Calcutta High Court direction to bring back persons deported from West Bengal to Bangladesh.
The court also directed the West Bengal government to take care of the minor and asked the Chief Medical Officer of Birbhum district to provide all necessary medical assistance to the pregnant woman.
Earlier on Monday, the Supreme Court had asked the Union government to consider the possibility of bringing back Sunali and her son, emphasising the humanitarian nature of the case.
Senior Advocate Sanjay Hegde had informed the Court that Sunali, daughter of respondent Bhodu Sekh, was pregnant at the time of deportation. Her eight-year-old son, Sabil, was deported with her. He added that separating the mother from her child would create further difficulties and noted that the children's father had also been deported. The court, however, made no observations on this point.
Respondent Bhodu Sekh had approached the High Court seeking production of his daughter, son-in-law, and grandson, alleging they were illegally detained. He stated that he was a permanent resident of West Bengal and that his daughter and son-in-law were Indian citizens by birth who had migrated to New Delhi for lawful employment.