In a highly significant case, the Supreme Court of India has issued a notice to the Central government following a petition filed by the son of a woman from West Bengal. The petitioner seeks the return of his mother, Sahida Fakir, who was reportedly deported to Bangladesh after her name was removed from the electoral roll during a Special Intensive Revision (SIR).
The bench, comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana, is deliberating on the petition which calls for immediate action to bring Sahida Fakir back to Indian soil. The case highlights severe concerns regarding potential procedural lapses in determining the nationality of individuals.
According to the petition, Sahida Fakir, a permanent resident of Gobindapur in North 24 Parganas district, has deep-rooted ties to India. The electoral rolls from 1952 feature her grandfather’s name, and those from 2002 include her parents. Fakir relocated to Mumbai two decades ago, where she has been employed as a domestic worker.
The petition alleges that on July 19, Fakir was forcibly taken by individuals in plain clothes claiming to be police officers. She was reportedly detained in a holding center in Chembur, Mumbai, where her Aadhaar card and mobile phone were confiscated without any receipt being issued. Despite being held for over 100 hours, she was not presented before a Magistrate, raising serious legal concerns.
Following her detainment, Fakir was allegedly transferred to the Border Security Force (BSF) and transported to the northeastern border, where she, along with approximately 20 others, was pushed into Bangladesh under the cover of night. Presently, she is residing in temporary accommodation in Bangladesh.
Senior Advocate S Muralidhar, representing the petitioner, argued that the removal of Fakir’s name from the electoral roll during the SIR does not equate to an official determination of her citizenship status. The appeal against this electoral roll deletion is still pending, further complicating the situation.
The Supreme Court’s decision to issue a notice underscores the gravity of the case and its implications for citizenship and deportation procedures in India. Legal experts are closely watching how the court will address these procedural issues and the broader impact on similar cases.
