Bring it first, then decide on citizenship
The case was heard in the bench of newly appointed Chief Justice Surya Kant of the Supreme Court and Justice Joymalya Bagchi. During the hearing, when the Central Government asked for one more day’s extension, the Court orally said that under the interim arrangement, the Central Government will first have to bring back all the 6 people to India. Only after their return can the authorities check their documents and decide on their citizenship status.
The next hearing of the case is to be held on Monday (December 1) next week. The matter reached the Supreme Court when the Central Government failed to take any action on the earlier instructions of the Calcutta High Court. On September 24 itself, the High Court had ordered the government to bring back all the 6 people within 4 weeks. However, instead of implementing this order, the Central Government appealed to the Supreme Court, which is now investigating the matter.
Family detained on June 26
Even after the deadline for bringing back the Calcutta High Court had passed, no steps were taken to ensure their return, and due to this a new judicial inquiry was started.
On June 26, Sunali and Sweety Bibi’s families, including her 6- and 16-year-old sons, were picked up by Delhi Police on suspicion of being illegal Bangladeshi immigrants. Whereas they said that they had come from Bengal.
Residents of West Bengal in the document
The details submitted in the court have revealed that Khatoon and at least one other woman sent along with her to Bangladesh have old and strong documents from India. The names of his parents are also recorded in the electoral roll of 2002, which shows that they were registered as voters in the country more than two decades ago.
Khatoon’s father Bhodu Sheikh and her father Hatim Tai Sheikh are also mentioned in the information received. His family has also shown land records dating back to 1952, which show continuous residence in the country and ownership of property.
Waiting for children to return: Father Sheikh
Speaking to English website The Wire, Bhodu Shaikh told that due to financial constraints his family was forced to come to Delhi. He said his daughter, son-in-law and grandchildren had come to the capital in the hope of earning a living by collecting waste paper and selling scrap. Bhodu Sheikh says, “We are poor people. We never imagined that the government would keep such a close watch on us there.”
Expressing hope, he said, “I am now waiting for my children to return as per the court order.”
Similarly, the same was done with Sweety Bibi, and she was also sent to Bangladesh along with Khatoon. The petitioner’s lawyers said that such documents should have been examined before taking any decision on deportation. But sending them out of the country without verification is a violation of due process.
Sunali has no contact with her family
At the same time, Sunali’s family has not been able to have any contact with Sunali, although initially she managed to talk to them through someone’s phone. Sunali’s sister Karishma, who lives in Rohini, Delhi with her mother Jyotsanara Bibi and Sunali’s 5-year-old daughter, says, after his arrest, we lost contact. But we heard that she had an ultrasound. We don’t know what kind of treatment he is receiving. We just have court dates, court dates. Karishma works as a house help, while Jyotsnara sells utensils.
On the other hand, a court in Bangladesh has also asked the Indian Embassy in Dhaka to help in bringing these people back to India. According to the petitioner, even after this order, no special effort has been made by India to accept the request of the Bangladeshi court or the order of the Calcutta High Court.
After the Supreme Court made it clear that the citizenship issue can be resolved only when these 6 people are brought back to India.