The Supreme Court on Thursday sought the response of the Centre and nine States, including the Union Territory of Delhi, to a plea filed by West Bengal Migrant Workers’ Welfare Board challenging the alleged detention and torture of migrant workers, while the State authorities inquired about their whereabouts to find out if they were foreign immigrants from Bangladesh.
The court also refused to order an interim stay on the alleged detention of Bengali migrant workers, raising concern over illegal infiltration in the country.
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Hearing the plea, a bench of Justices Surya Kant and Joymalya Bagchi issued notice to the Union government and the governments of nine States and UTs after hearing submissions by Advocate Prashant Bhushan.
The court listed the matter for further hearing after one week.
Bhushan, appearing for the West Bengal Migrant Workers’ Welfare Board, argued that the said detention is illegal and not permitted under the Foreigners Act and sought the Court’s intervention.
The Court opined that a mechanism is required to enable the authorities to check details such as the place of origin (pre immigration) and the place of work (post immigration) of workers to find out if they are bona fide workers or foreign immigrants.
“Some mechanism required for bona fide workers…either state of origin can issue some kind of card…and local police accept it as prima facie proof of his having come for livelihood,” Justice Kant said.
The court, however, refused to order an interim stay on the alleged detention, saying, “Suppose someone has come illegally to India, how to deal with that situation? If they don’t detain, he will disappear.”
The hearing comes amid concerns over the alleged detention of Bengali migrant labourers by Delhi Police over suspicion of being illegal Bangladeshi migrants.
The West Bengal government has slammed the ruling BJP in Delhi and at the Centre. The West Bengal police has also launched a helpline for migrant workers in stress, while in other states.