The Supreme Court of India has requested the Centre to respond regarding the potential return of Sunali Khatun and her son from Bangladesh, considering the matter on "purely humanitarian grounds". Sunali, a pregnant woman, along with her eight-year-old son, Sabil, were previously deported to Bangladesh.
The case reached the Supreme Court after the Centre appealed against a Calcutta High Court order from September 26, 2025, which directed the return of Sunali, her husband Danish, their son, and three members of another family who were deported together. These individuals were deported on suspicion of being illegal Bangladeshi infiltrators.
The Supreme Court bench, presided over by Chief Justice of India Surya Kant and Justice Joymalya Bagchi, has scheduled the next hearing for December 3. During the hearing on Monday, Senior Advocate Sanjay Hegde, representing Sunali, informed the court that she was in an advanced stage of pregnancy at the time of deportation. He also conveyed that Sunali's husband, Sabil's father, had also been deported. Hegde urged the court to ensure that the mother and son are not separated.
Solicitor General Tushar Mehta, appearing for the Centre, agreed to seek instructions specifically for Sunali and her child but voiced concerns about setting a precedent. The Chief Justice clarified that the consideration would remain off the record and based solely on humanitarian grounds.
Sunali, along with five others, was released on bail by a Bangladesh court on Monday after furnishing a bond. They had been arrested in Chapainawabganj by Bangladesh Police under the Passport Act and Foreigners' Act on August 21. The court in Bangladesh also directed that Sunali receive proper medical treatment, including hospitalization if necessary, after reviewing her ultrasound report before granting bail.
Sunali’s father, Bhodu Sheikh, had filed a habeas corpus petition, leading the Calcutta High Court to take strong exception to the deportation process. The High Court bench noted that Sunali was eight months pregnant at the time of her expulsion and that all six detainees were long-term residents of Birbhum with deep familial roots in India. The court had previously directed the Union government to coordinate with the Indian High Commission in Dhaka for their safe return, emphasizing "serious concerns about administrative fairness and the sanctity of citizenship".
Before the Supreme Court, Bhodu Sheikh requested that his daughter be allowed to re-enter India through the Mahananda border outpost in Malda, considering her condition. The Supreme Court bench inquired whether such an arrangement was possible and indicated its willingness to assist if needed.
Trinamool Congress (TMC) MP Samirul Islam alleged that the deportation was carried out without proper verification. Following her release from jail, Sunali reportedly gave credit to West Bengal Chief Minister Mamata Banerjee and AITC National General Secretary Abhishek Banerjee for their support throughout her legal battle.
Sunali's lawyer in Bangladesh, Advocate Shofiq Enaetullah, stated that the Indian High Commission was sent a letter by the court seeking initiation of the "pushback process" after the court deemed Sunali and others as Indian citizens on October 3. He expressed concerns that if the baby is born in Bangladesh, her nationality will be questioned, further delaying Sunali's return.
