New Delhi: The Supreme Court on Thursday agreed to hear a public interest litigation (PIL) alleging that Bengali-speaking migrant workers are being wrongfully detained across several states on suspicion of being Bangladeshi nationals.
A Bench comprising Justices Surya Kant and Joymalya Bagchi declined to pass an interim order against such detentions at this stage, cautioning that any blanket relief could have serious consequences.
“States where these migrant workers are employed have the right to seek verification from their state of origin about their bonafide,” the Bench observed. “But in the interregnum, if we pass interim orders, it will affect those who have genuinely crossed the border illegally and are required to be deported under law.”
The petition was filed by the West Bengal Migrant Welfare Board, represented by advocate Prashant Bhushan, who argued that many Bengali-speaking workers—holding valid Indian documents—are being subjected to detentions, harassment, and even torture, simply because their official records are in Bengali.
Bhushan claimed the action stemmed from a circular issued by the Ministry of Home Affairs (MHA), which allegedly prompted states to conduct aggressive checks. He urged the Court to protect genuine Indian citizens from wrongful confinement.
“They are being detained while an inquiry is still pending about their identity. I have no objection to inquiries, but detention before establishing facts is unjust,” Bhushan told the court, stressing that such measures violate fundamental rights.
The apex court issued notices to the **Centre and nine states—Odisha, Rajasthan, Maharashtra, Delhi, Bihar, Uttar Pradesh, Chhattisgarh, Haryana and West Bengal—**seeking their responses. The Bench indicated that the matter required careful balancing: ensuring national security and immigration control, while also safeguarding citizens from discrimination or wrongful action.
Justice Bagchi noted that a mechanism needs to be developed to avoid harassment of legitimate citizens during verification drives. The Court has scheduled further hearings after receiving replies from the concerned states and the Union government.
The PIL brings into focus the recurring tensions between citizenship verification, migrant rights, and linguistic identity, especially concerning Bengali-speaking populations in India.
