The Union government told the Supreme Court  that it will bring back a pregnant woman who was deported to Bangladesh earlier this year along with her eight-year-old son. 

According to Hindustan Times, this decision came after the court strongly reminded the government that the case required compassion, not technical arguments. The court also ordered that she receive immediate medical care and be allowed to stay near her family in West Bengal once she returns.

‘Law Has to Bend to Humanity’, Says Supreme Court

The Supreme Court said that situations like this must be handled with compassion rather than strict legal rules. A bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi made the observation, “These are cases where law has to bend to humanity. Some of these cases require a different outlook,” while noting Solicitor General Tushar Mehta’s statement that Sunali Khatun and her son Sabir could be brought back to India “on humanitarian ground” and kept under proper surveillance.

Mehta told the court that because the deportation followed official procedures, a judicial order was needed to begin the diplomatic steps required to bring them back. The bench included this assurance in its written order so that authorities from both countries can coordinate without delay.

Court Directs Immediate Medical Care and Safe Stay in Birbhum

According to Hindustan Times, the court said in its order that Sunali, who is in an advanced stage of pregnancy, must get immediate medical care. After requests from senior advocates Kapil Sibal for West Bengal and Sanjay Hegde for Sunali, the bench allowed her to travel to Birbhum district and stay there temporarily with her relatives.

The order added, “The Chief Medical Officer of Birbhum is directed to provide all medical facilities, including delivery-related amenities free of cost. As her eight-year-old child will also accompany her, the child will be provided all assistance,” and instructed officials to act on this.

The Centre was also asked to check whether any action had been taken against Sunali’s father, who is an Indian citizen. It told the Solicitor General, “If her father is an Indian citizen, she also becomes an Indian citizen, and her son is also one. There has to be some inquiry following the principles of natural justice.”

According to the reports of Hindustan Times, the Supreme Court adjourned the case to December 12 and asked the Centre to update it on four other deported individuals who are also seeking to return to India.

These developments relate to the Centre’s appeals against two Calcutta High Court orders from September 26, which directed that six people deported to Bangladesh in June, including Sunali, her young son, and her husband be brought back and given a fair chance to prove their Indian citizenship. A similar order was passed for another woman and her two minor sons.

Earlier, on December 1, the Supreme Court had asked the Centre to consider allowing Sunali to return temporarily after learning she was pregnant at the time of deportation. The bench had said, “We are treating this on humanitarian grounds. You take instructions and let us know by Wednesday.” At that time, Solicitor General Tushar Mehta raised concerns about setting a precedent, to which the bench replied, “On your advice, needful can be done subject to whatever surveillance is required.”

The high court questioned how the group was arrested on June 21 and deported by June 26 without a proper hearing. It noted that their grandfathers’ names were on West Bengal’s electoral rolls and that a May 2025 Home Ministry memo allows immediate deportation only in emergencies after due inquiry, which was missing. It ruled that “Not following such procedure and acting in hot haste … is a clear violation which renders the deportation order bad in law.”

The Supreme Court clarified that its humanitarian relief is limited to Sunali and her child, and the remaining four cases will be heard next week.