Supreme Court Questions Detention of Bengali Muslim Workers Suspected as Bangladeshis

The Supreme Court on Thursday issued notices to the Centre and nine States/UTs — Odisha, Rajasthan, Maharashtra, Delhi, Bihar, Uttar Pradesh, Chhattisgarh, Haryana, and West Bengal — over a PIL alleging that Bengali Muslim migrant workers are being detained on suspicion of being Bangladeshi nationals.

A Bench of Justices Surya Kant and Joymalya Bagchi sought responses from all respondents and discussed how such incidents could be prevented nationwide. The petition, filed by the West Bengal Migrant Workers Welfare Board, claims that following a Ministry of Home Affairs circular issued in May, several State authorities have been randomly detaining Bengali Muslim labourers under the assumption that they are illegal immigrants from Bangladesh.

Advocate Prashant Bhushan, appearing for the petitioner, argued that in almost all cases where verification was conducted, the workers were found to be Indian citizens. He alleged that some workers were even sent out of the country and had to be brought back after verification. He added that authorities like Delhi Police had claimed workers’ documents were in the “Bangladeshi language,” whereas the language was actually Bangla (Bengali).

Bhushan further submitted that detaining people merely on suspicion of nationality was unauthorised under the Foreigners Act and was creating panic among migrant workers. He urged the Court to grant interim relief stopping such detentions until proper verification is completed.

Justice Kant remarked on the need for a nodal agency to coordinate between the worker’s home State and the State where they work. Justice Bagchi also questioned whether any legal authority currently exists for such inter-State coordination.

The Court, however, did not grant interim relief at this stage, saying it would hear the respondents’ stand before deciding further. Justice Kant also suggested that for bona fide workers, the home State could issue an identification card that the local police could accept as prima facie proof of legitimate employment.

Case Title: West Bengal Migrant Workers Welfare Board & Anr. v. Union of India & Ors., W.P.(C) No. 768/2025