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The apex court declined an interim stay on the detention of Muslim Bengali migrant workers, citing concerns about the potential consequences of not monitoring illegal immigration.

The matter came up before the SC bench of CJI BR Gavai and Justices K Vinod Chandran and Joymalya Bagchi. (Image: PTI/File)
The Supreme Court on Thursday refused to put an interim stay on the detention and deportation of Muslim Bengali migrant workers, highlighting concerns over illegal immigration going unchecked, while stressing a mechanism to identify bona fide workers.
In a stern message, Justice Surya Kant said, “We cannot overlook ground realities. Suppose someone is an Infiltrator and he enters illegally. How to deal with that situation? If you don’t detain, the writing on the wall is that they will disappear.”
“Yes, some mechanism needs to be there (to identify workers). May be some card from place of origin and authorities from other state can accept the bona fide,” Justice Kant added.
The hearing came amid concerns that Bengali-speaking individuals were detained in the national capital on suspicion of being Bangladeshi citizens without verifying their identities. The West Bengal government has slammed the BJP-led Centre for targeting Bengalis, while Kolkata Police introduced a helpline for migrant workers from the state facing harassment and identity checks elsewhere.
The petitioner, West Bengal Migrant Workers Welfare Board, urged the Supreme Court to direct the Central government to withdraw the May 2025 letter by the Home Ministry to detain suspected immigrants and restrain States from unlawfully detaining Bengali migrant workers.
SC Awaits Response Of Centre, States
“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 comprising Justices Kant and Joymalya Bagchi said.

Aveek Banerjee is a Senior Sub Editor at News18. Based in Noida with a Master’s in Global Studies, Aveek has more than three years of experience in digital media and news curation, specialising in international…Read More
Aveek Banerjee is a Senior Sub Editor at News18. Based in Noida with a Master’s in Global Studies, Aveek has more than three years of experience in digital media and news curation, specialising in international… Read More
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