On compassionate grounds the Supreme Court on Wednesday heard a case about Sunali Khatoon, a pregnant woman, and her eight-year-old son Sabir, who were deported to Bangladesh because of a dispute over their nationality. During the hearing, Chief Justice Surya Kant and Justice Joymalya Bagchi were informed that the Central Government has now agreed to bring both of them back to India on humanitarian grounds.

Solicitor General Tushar Mehta gave this assurance to the Court and said, “On humanitarian grounds, Sunali Khatun and her son Sabir will be brought here following the procedure without prejudice to our contentions on merits and our right to put them under surveillance.”

This update came after the Supreme Court had earlier, on Monday, asked the government to consider helping the mother and child return to India.

The Apex Court recorded Solicitor General (SG) Tushar Mehta’s message to the judges, noting: “Learned SG on instructions informs that purely on humanitarian grounds, the Government of India has agreed to bring back Sunali Khatun along with her eight-year-old son Sabir. Since Sunali was taken into custody from Delhi, SG informs that she will be brought back to Delhi. However, there is a suggestion by the learned senior counsel representing the respondents that it will be advisable to shift her to the town where her father stays in the District of Birbhum.”

The bench added that Sunali, who is pregnant, must receive free medical treatment once she returns. The Court also directed the West Bengal government to ensure proper care and support for her child. The judges stressed that Sunali’s health and welfare should remain the priority while the legal issues in the case continue.

Background:

The case comes from a special leave petition against the Calcutta High Court’s September 27 order. That order had directed the repatriation of Sunali Khatoon, her husband, and her son Sabir in a habeas corpus case filed by Bhodu Sekh. Sekh had filed the case because his daughter, son-in-law, and grandson were detained in Delhi and then sent to Bangladesh.

During earlier hearings, the Supreme Court had suggested that all the people involved could be temporarily brought back to India so that proper legal procedures could be followed. However, Solicitor General Tushar Mehta told the Court that the Centre still intends to prove that the remaining four people in the case are foreigners, saying they are “Bangladeshis.”

Senior Advocate Kapil Sibal, appearing for the State of West Bengal, asked for these remaining four people to be brought back as well. Advocate Sanjay Hegde appeared for Bhodu Sekh.

Justice Bagchi observed that if it is shown that Sunali and Sabir have a biological link to Indian citizen Bhodu Sekh, it could help confirm Sunali Khatoon’s and Sabir’s Indian citizenship.

Mehta expressed surprise that the West Bengal government had joined the case by filing a caveat. He also asked the Supreme Court to put a temporary stay on a related contempt case that is currently pending before the Calcutta High Court. However, the bench did not pass any order on this request. The judges said they would not interfere for now because the matter remains under its purview.

The next hearing is set for December 12.

Case Details: UNION OF INDIA v. BHODU SEKH AND ORS SLP(Crl) No. 18658/2025 and UNION OF INDIA v. AMIR KHAN AND ORS.SLP(Crl) No. 18891/2025