SC issues notice to Centre, states on PIL alleging Bengali-speaking migrant labourers' detention

The Supreme Court on Thursday agreed to hear a public interest litigation (PIL) alleging that Bengali-speaking migrant workers are being detained on suspicion of being Bangladeshi nationals.

A bench of Justices Surya Kant and Joymalya Bagchi issued notices to the Centre and nine states — Odisha, Rajasthan, Maharashtra, Delhi, Bihar, Uttar Pradesh, Chhattisgarh, Haryana and West Bengal — seeking their responses. The court, however, declined to grant any interim relief, noting that such an order could have broader consequences.

“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 observed.


The PIL, filed by the West Bengal Migrant Welfare Board through advocate Prashant Bhushan, claims that workers are being targeted because they speak Bengali or carry documents in the language, allegedly on the basis of a Ministry of Home Affairs circular.

Bhushan told the court, “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.”

The bench remarked that a mechanism would need to be developed to ensure genuine citizens are not harassed while enabling lawful action against illegal entrants.

(With inputs from PTI)