Institute of Legal and Management Studies

The Supreme Court today issued notice on a public interest litigation which alleged that migrant Muslim workers from West Bengal were being detained in many Stateso over the suspicion of being Bangladesh citizens.

A bench of Justices Surya Kant and Joymalya Bagchi heard the matter and called for the responses of the Union as well as respondent-states/UTs (Odisha, Rajasthan, Maharashtra, Delhi, Bihar, UP, Chhattisgarh, Haryana and West Bengal). Orally, it questioned how the directions that were being sought could be implemented and expressed that it will seek respondents' opinion on what can be done to prevent what's stated to be happening on pan-India basis.

The PIL, filed by the West Bengal Migrant Workers Welfare Board, alleges that pursuant to an MHA circular of May, various state authorities are randomly picking up Bengali Muslim migrant laborers, alleging that they are Bangladeshi, and detaining them. Advocate Prashant Bhushan, for the petitioner, argued that almost in all cases, when matter was sent for verification, it was found that the worker was an Indian citizen. "In some cases, they even sent them out of the country...after verification, they have had to bring them back to India...Delhi police is saying their documents are in Bangladeshi language, there is no Bangladeshi language...it's Bangla (that is, Bengali)", he added.

Bhushan further contended that the migrant workers are being kept in detention centre over suspicions that they are foreigners, even though the government does not have authority to detain someone on mere suspicion of lack of citizenship. He claimed that the same is creating panic across the country and beseeched the Court to grant interim relief against detention, while the authorities carry out verification.

"Let them verify, no problem. Problem is that they are detaining. Some are being tortured. It's causing panic. Foreigners' Act does not authorize govt to detain people over suspicion that they are foreigners", he urged.

In this regard, Justice Kant expressed, "There needs to be a nodal agency to coordinate between state of origin and state where they have gone for livelihood". Justice Bagchi questioned, in similar spirit, whether there is an authority under existing legislation for coordination between state or origin and state where migrant labor is working.

However, the bench did not grant any interim relief at this point. It wished to hear the stance of the respondents.

"Suppose someone has come illegally in India, how to deal with that situation? If they don't detain, he will disappear. Some mechanism required for bonafide workers...either state of origin can issue some kind of card...and local police accept it as prima facie proof of his having come for livelihood...", said Justice Kant.

Case Title: WEST BENGAL MIGRANT WORKERS WELFARE BOARD AND ANR. Versus UNION OF INDIA AND ORS., W.P.(C) No. 768/2025