New Delhi: In a dramatic turn in a months-long cross-border ordeal that has raised questions about policing, deportation procedures, and humanitarian responsibility, 26-year-old Sunali Khatun, an Indian woman from West Bengal who was pushed into Bangladesh after being detained by Delhi Police, walked out of Chapainawabganj district jail on Monday evening. Nearly five months pregnant and in the late stage of her pregnancy, Sunali was released along with her eight-year-old son, her husband Danish, and three others after a Bangladesh court granted them bail on humanitarian grounds.
Her release coincided with a significant development in India. Earlier the same day, the Supreme Court of India asked the Central government to “consider” bringing Sunali and her minor son back to India through the India-Bangladesh border in Malda, acknowledging her physical condition and the humanitarian concerns that now overshadow the legal complexities of the case.
However, while the top court has shown clear sympathy toward Sunali, it stopped short of making any direction about her husband, leaving his fate uncertain until the next hearing on December 3.
Khatun, who hails from Paikar village in Birbhum district, had been living and working in Delhi as a ragpicker along with her family. On June 26, everything changed when a team of Delhi Police detained her, her husband Danish, and their young son on suspicion of being illegal immigrants from Bangladesh.
What followed has since become the centre of intense legal and political scrutiny. Instead of being produced before a local court or put through standard identification procedures, the family was allegedly transported to the Indo-Bangladesh border and pushed across into Bangladesh, without formal deportation orders, and without verification of their Indian identity documents.
Families of both Sunali and another woman, 32-year-old Sweety Bibi, soon approached the Calcutta High Court with a habeas corpus petition, pleading that their relatives had been wrongfully deported.
Once inside Bangladesh, Sunali, Sweety, and their children came under the radar of local authorities. On August 21, the Bangladesh police arrested the group in Chapainawabganj district under the Passport Act and the Foreigners Act, citing illegal entry into the country.
Thus began their months-long stay in jail. According to their lawyer in Bangladesh, Advocate Shofiq Enaetullah, the family struggled not only with their legal battles but also with the emotional and physical strain of incarceration, especially for Sunali, who was visibly progressing through her pregnancy.
Enaetullah recounted that each court appearance strengthened their case, as the group consistently presented Aadhaar cards and residential proof showing they were Indian citizens. “Sunali was clearly pregnant, the children were suffering, and their documents all pointed to India. We kept emphasising the humanitarian dimensions,” he said.
Back in India, the Calcutta High Court intervened strongly. On September 26, a division bench directed that the six persons from Birbhum, including Sunali and Sweety, be brought back to India within four weeks. This order was based on evidence proving their Indian citizenship and the lack of any legal deportation procedure.
The Central government, however, challenged the High Court’s ruling in the Supreme Court, arguing that such directions would set a problematic precedent for future deportation and illegal immigration cases.
Yet, even as the legal battle continued in India, the Bangladesh court delivered a pivotal ruling on October 3. A senior judicial magistrate in Chapainawabganj officially declared the detained families as Indian citizens, based on Aadhaar cards and permanent residential addresses in West Bengal, and ordered that they be “pushed back” to India. The court also directed that the Indian High Commission in Dhaka be informed for coordination.
Despite these orders from two separate courts, no physical transfer took place.
On Monday, in perhaps the most relieving development for the families, a Bangladesh court finally granted bail to all six detained individuals.
“The magistrate listened to our plea that Sunali is in her late stage of pregnancy and the group includes young children. It was purely a humanitarian consideration,” said Advocate Enaetullah.
They were released on a bail bond of 5,000 Bangladeshi Taka each. But a key condition of the bail is that none of them are allowed to leave Bangladesh until further orders, effectively placing them in legal limbo despite their proven Indian identity.
The court entrusted the responsibility for their stay in Bangladesh to Advocate Enaetullah himself and one Faruk Sheikh, a local resident. Social worker Mofizul Islam, who has been assisting the families since their arrest in August, confirmed that arrangements are being made for them to stay in a rented apartment in Chapainawabganj for the time being.
“We will ensure they get proper care. But only the Indian government can bring them home,” he said.
Meanwhile, in New Delhi, the Supreme Court was hearing the Centre’s appeal against the Calcutta High Court’s directive. A Bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi noted that the woman was in an advanced stage of pregnancy and said the Centre should consider allowing her to return to India.
Solicitor General Tushar Mehta, representing the government, requested two days’ time to obtain instructions. He acknowledged the Court’s humanitarian concerns but raised apprehensions about setting precedent in deportation-related matters.
Senior Advocate Sanjay Hegde, appearing for Sunali’s family, argued that if Sunali and her son are allowed entry, her husband should not be left behind. However, the bench chose not to address the husband’s status yet, a silence that has sparked anxiety within the family.
For the families back in West Bengal, the last few months have been a nightmare. The repetitive cycle of relief, hope, delay, and disappointment has drained them emotionally.
Sunali’s father, Bhodu Sheikh, expressed both relief and cautious hope after her release from jail. “We have seen so many orders, from our High Court, from the Bangladesh court, but still nothing happened. Now the Supreme Court has spoken. This is our final hope. My daughter must return and deliver her baby at home,” he said.
Sweety Bibi’s brother, Amir Khan, echoed similar sentiments. “This is the best news we have heard so far, that they are out of jail. But will they be brought home? When? That is still uncertain.”
Adding political weight to the situation, both Sunali and Sweety, in a video message after their release, thanked West Bengal Chief Minister Mamata Banerjee and TMC leader Abhishek Banerjee for their support. They reiterated their plea: “We want to return home. Please help us.”
The incident has also sparked broader debates on policing procedures in the capital, the treatment of migrant workers, and the delicate nature of deportation cases involving districts bordering Bangladesh.
