The Supreme Court has clarified that illegal foreign migrants detained in West Bengal may approach the jurisdictional trial court for compliance with bail conditions, in view of the fact that the State does not have a Foreigners’ Tribunal.
A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana made the clarification on August 31 while modifying the wording of an earlier order concerning foreign nationals who continued to remain in West Bengal correctional facilities despite having completed their sentences.
The issue arose from a clarification sought by Advocate Soutik Banerjee regarding the Supreme Court’s May 2025 directions. The earlier order had contemplated the involvement of a Foreigners’ Tribunal in certain conditions imposed upon such migrants. It was subsequently pointed out to the Court that West Bengal does not have a Foreigners’ Tribunal.
Taking note of the practical difficulty, the Bench directed that the expression “jurisdictional trial court/Foreigners’ Tribunal” be read into the relevant conditions of the earlier order. The modification particularly applies to the conditions requiring released foreign nationals to report periodically and providing for monitoring of their compliance.
The proceedings have their origins in a letter addressed to the Chief Justice of the Calcutta High Court in 2011, drawing attention to the plight of alleged Bangladeshi illegal migrants who remained confined in correctional homes even after completing their sentences for offences under the Foreigners Act. The Calcutta High Court subsequently took suo motu cognisance of the issue, before the matter was transferred to the Supreme Court in 2013.
In 2025, a Bench headed by Justice J.B. Pardiwala considered the prolonged detention of such foreign nationals in West Bengal and permitted those who had completed their sentences and remained detained for more than three years thereafter to seek release on bail, subject to stringent safeguards.
The bail framework requires the concerned individual to furnish a bond of ₹1 lakh along with two sureties who are Indian citizens. The person must also provide a verifiable address where he or she intends to reside after release.
The Court had further directed that biometric information, including iris scans where possible, all ten fingerprints and photographs, be captured and securely preserved before release from the detention facility.
Those released are required to report every week to the police station specified under the bail arrangement and must intimate any change in their residential address to the concerned police station on the same day.
The earlier order also envisaged submission of quarterly reports by the Superintendent of Police (Border) regarding the individual’s compliance with the reporting requirement. In the event of a breach of the conditions, the concerned foreign national could be apprehended and produced before the competent authority.
The latest clarification effectively substitutes the reference to a Foreigners’ Tribunal with the jurisdictional trial court, wherever necessary, thereby providing an operative judicial forum for implementing the bail conditions in West Bengal.
The Supreme Court’s intervention seeks to resolve a practical and institutional gap arising from the absence of Foreigners’ Tribunals in the State, while retaining the safeguards prescribed for monitoring foreign nationals released from prolonged detention.
The matter, M.S. Maja Daruwala & Anr. v. Union of India, is pending before the Supreme Court in Transfer Case (Criminal) No. 1 of 2013. The proceedings have also come before the CJI’s Bench in the broader context of petitions concerning foreign nationals, including Rohingyas.
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