ORDER :

1. We have heard Mr. Soutik Banerjee, the learned counsel appearing for the petitioner nos. 1 and 2, Ms. Aishwarya Bhati, the learned A.S.G. appearing for the Union of India and Mr. Kunal Mimani, the learned counsel appearing for the State of West Bengal.

2. At the outset we take notice of the order passed by this Court dated 19th November, 2012, the order read thus:-

"We have heard Mr. S.K. Dholakia, learned senior counsel for the petitioners and Mr. Soumitra G. Chaudhuri, learned counsel for the respondent No. 1 -State of West Bengal.

2. No body appears for the respondent No. 2 - Union of India, although vakalatnama has been filed on its behalf.

3. We have perused the order passed by the High Court on November 18, 2011 which reads as follows:

"Learned counsel for the petitioners brought to our notice that the Supreme Court of India is seized with the similar issues involved in this petition as it is dealing with the petition filed by one Bhim Singh (W.P. (Crl.) No. 310 of 2005 Bhim Singh vs. Union of India and others. It is submitted that the petitioners would like to apply before the Supreme Court of India for transferring the present writ petition before the Supreme Court of India, so that the Supreme Court can deal with the matter.

Learned Additional Solicitor General and the learned Government Pleader have no objection.

We grant leave to the petitioners to move the Hon'ble Supreme Court by getting this matter transferred from our file to Supreme Court."

4. Having regard to the above, we grant this Transfer Petition and transfer Writ Petition No. 8105 (W) of 2011 - Ms. Maja Daruwala and others vs. State of West Bengal and another, pending before the Calcutta High Court to this Court. The Registrar General of the Calcutta High Court shall send the record of the above case to this Court as expeditiously as may be possible.

5. Transfer Petition stands disposed of accordingly."

3. It appears from the materials on record that the petitioners herein a Public Spirited Citizen Associated with an Organisation by name "Common Health Human Rights Initiative (NGO) addressed a letter dated 2nd May, 2011 to the Chief Justice of the High Court of Judicature at Calcutta highlighting the plight of illegal immigrants from Bangladesh who after being convicted for the offence under the FOREIGNERS ACT are being kept confined to correctional homes.

4. The letter brought to the notice of the High Court that all those illegal immigrants from Bangladesh who are put to trial for the offence punishable under the FOREIGNERS ACT after undergoing sentence instead of being deported to their own country are being detained in the Correctional Homes of the State of West Bengal.

5. The letter referred to above, reads thus:-

"IN THE HIGH COURT OF JUDICATURE AT CALCUTTA

[SPECIAL ORIGINAL JURISDICTION]

LETTER PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA [As against the illegal and continued detention of Bangladeshi nationals in detention/ correctional facilities throughout West Bengal, India]

To,

The Hon'ble Chief Justice

And His Companion Judges of the

Hon'ble High Court of Judicature at Calcutta

The Petitioners undersigned,

Most Respectfully Showeth:

1. This Letter Petition is to bring to the immediate and urgent attention of this Hon'ble Court, the plight of Bangladeshi nationals who had been convicted for illegal entry into India and consequently imprisoned, as under section 14A and/or section 14B of the Foreigners' Act, 1946 (as amended by the Foreigners (Amendment Act, 2004) and who d