Supreme Court Issues Notice On Son's Plea Against Mother's Detention By Assam Police For 'Push Back' To Bangladesh

The Supreme Court today issued notice on a habeas corpus petition assailing Assam Police's "illegal detention" of a woman amidst reports of widescale deportation to Bangladesh.

A bench of Justices Sanjay Karol and Satish Chandra Sharma passed the order after hearing Senior Advocate Kapil Sibal on behalf of the woman's 26-year-old son (the petitioner).

"Here, there is a bail order, civil appeal is pending...and the lady is thrown out. And a Superintendent of Police decides that. Can your lordships imagine?" Sibal contended. He further emphasized that the civil appeal challenging Guwahati High Court's order, which upheld the woman's declaration as a foreigner, is pending before the Supreme Court since 2017.

When the bench expressed inclination to tag the present case with the pending appeal, Sibal submitted, "but in the meantime, she is gone. She's been thrown out. She's been sent to Bangladesh!"

"[But] we can't call her back...if she's already not in the country..." retorted Justice Sharma.

In reply, Sibal questioned how the SP could have flouted the Court's order. He also expressed that the petitioner does not know for sure if his mother is still in the country or has been deported to Bangladesh. "Atleast ask them in the meantime to tell us where she is, the son does not know...if she's is in Bangladesh, that's another matter", he urged.

Sibal further added, "your lordships know she has to be produced within 24 hours...not produced, sent straightaway, picked up from the house...directly in violation of this Court's order in DK Basu...SP goes to the house, picks her up and throws her...how can that be!?"

Ultimately, the bench issued notice to the respondents.

Besides release of his mother (the detenue), the petitioner filed the present petition seeking (i) a direction for restraining “push back” of the detenue; (ii) inquiry against State of Assam for the arbitrary arrest and detention; (iii) direction to the Union and Assam governments for initiating departmental proceedings and imposition of damages.

Background

The petitioner's mother/detenue Monowara Bewa @ Manora Bewa was on bail since December 12, 2019 after the order of the Supreme Court in Supreme Court Legal Services Committee v. Union Of India. In the said order, the Court directed release of detenues in Foreigners' detention camp in Assam, who had completed more than 3 years in detention, subject to certain conditions.

The plea states that while the detenue was complying with all the bail conditions, on the evening of May 24, she was called to a police station on the pretext of recording a statement. Since then, she remained in detention and was not released. It is further alleged that the petitioner sought to explain to the police officials that the matter is pending before the Supreme Court, yet they refused to release the detenue.

Appearance: Senior Advocate Kapil Sibal and AoR Talha Abdul Rehman (for petitioner)

Case Title: IUNUCH ALI Versus UNION OF INDIA AND ORS., W.P.(Crl.) No. 234/2025