The Supreme Court of India, in a significant order dated May 16, directed the release on bail of illegal foreign migrants detained in West Bengal prisons despite having completed their sentences. The matter, initially handled by a two-judge bench of Justice JB Pardiwala and Justice R Mahadevan, has now been transferred to a three-judge bench dealing with the Rohingya refugees case for judicial propriety.
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Justice JB Pardiwala and Justice R Mahadevan emphasized the importance of addressing the issue of indefinite detention of illegal migrants who have already served their sentences. The Court made it clear that detaining such individuals beyond their sentence was unjust, especially in the absence of designated correctional homes or detention centers in West Bengal.
“Our order dated 30 January, 2025 makes the picture abundantly clear… If the person is tried for a particular offence, sentenced, and has undergone the sentence, he cannot be kept in prison any longer.”
The Court instructed the State of West Bengal to identify all illegal immigrants who remain confined in prisons despite completing their sentences. This exercise must be completed within four weeks. Once identified, such immigrants should be released on bail under the conditions specified by the Court.
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The bench also highlighted a critical issue: West Bengal currently lacks proper correctional homes or detention centers for illegal immigrants. The State government has informed the Court that it is in the process of constructing such facilities, but no clear timeline has been provided for completion.
Background of the Case
The case originated from a 2011 letter sent to the Calcutta High Court Chief Justice, which highlighted the plight of illegal immigrants from Bangladesh. These immigrants were convicted under the Foreigners Act but continued to be held in correctional homes even after completing their sentences. The Calcutta High Court took suo motu cognizance of the issue, which was later transferred to the Supreme Court in 2013.
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During the hearing, Solicitor General Tushar Mehta emphasized that India is not a signatory to the Refugee Convention and is entitled to deport illegal immigrants. However, Advocate Vrinda Grover argued that the two cases—Rohingya refugees and illegal immigrants in West Bengal—should not be mixed, as the present case challenges the continued detention of immigrants who have completed their sentences.
“My stance is, India is not a party to the Refugee Convention. Therefore, we are entitled to repatriate or deport them, whatever the word is used.”
The Supreme Court clearly stated that migrants who have completed their sentences cannot be treated as prisoners indefinitely. The State of West Bengal was urged to expedite the creation of correctional or detention centers to ensure that such cases are handled lawfully.
The bench concluded by noting the urgency of the situation and stressed that migrants who have served their sentences should not be kept in prison without a valid legal basis.
Case Details: MS MAJA DARUWALA . AND ANR.v. UNION OF INDIA |T.C.(Crl.) No. 1/2013
Appearances: Mr. Zoheb Hossain, AOR;
Ms. Vrinda Grover, Adv. Mr. Soutik Banerjee, Adv.; Mr. Aakarsh Kamra, AOR; Ms. Devika Tulsiani, Adv.
For Respondent(s) :Mr. Kunal Mimani, AOR; Mr. Prashant Alai, Adv.; Ms. Aishwarya Bhati, A.S.G. Mr. Raj Bahadur Yadav, AOR; Ms. Chitrangda Rashtravara, Adv.; Ms. Shagun Thakur, Adv.; Mr. Aditya Shankar Dixit, Adv.; Ms. Satvika Thakur, Adv.; Mr. Ishaan Sharma, Adv
