NEW DELHI: The Supreme Court on Thursday agreed to hear a Public Interest Litigation (PIL) concerning the detention and alleged torture of Bengali-speaking migrant workers under suspicion of being Bangladeshi nationals .
However, Justices Surya Kant and Joymalya Bagchi declined to issue an interim order regarding the detentions, listing the matter for next week; noting that such decisions would have implications, particularly for individuals who have entered from neighbouring countries.
"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 said, as quoted by PTI.
The top court told advocate Prashant Bhushan , representing the West Bengal Migrant Welfare Board , to await responses from the Central government and nine states: Odisha, Rajasthan, Maharashtra, Delhi, Bihar, Uttar Pradesh, Chhattisgarh, Haryana and West Bengal.
The case centres around individuals allegedly facing harassment by states solely for speaking Bengali and possessing Bengali-language documents, following a Ministry of Home Affairs circular, as argued by Bhushan.
"They are being detained while an inquiry is being held about their bonafide and in some cases, they are even tortured. Kindly pass some interim order that no detention will be held. I have no problem with enquiries but there should not be any detention," the advocate said in his argument.
The apex court, however, did acknowledge the necessity to establish procedures to protect legitimate citizens from harassment.
However, Justices Surya Kant and Joymalya Bagchi declined to issue an interim order regarding the detentions, listing the matter for next week; noting that such decisions would have implications, particularly for individuals who have entered from neighbouring countries.
"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 said, as quoted by PTI.
The top court told advocate Prashant Bhushan , representing the West Bengal Migrant Welfare Board , to await responses from the Central government and nine states: Odisha, Rajasthan, Maharashtra, Delhi, Bihar, Uttar Pradesh, Chhattisgarh, Haryana and West Bengal.
The case centres around individuals allegedly facing harassment by states solely for speaking Bengali and possessing Bengali-language documents, following a Ministry of Home Affairs circular, as argued by Bhushan.
"They are being detained while an inquiry is being held about their bonafide and in some cases, they are even tortured. Kindly pass some interim order that no detention will be held. I have no problem with enquiries but there should not be any detention," the advocate said in his argument.
The apex court, however, did acknowledge the necessity to establish procedures to protect legitimate citizens from harassment.
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