In a much-needed decision from a national security perspective, the Supreme Court on Thursday refused to grant relief in a petition challenging the detention of Rohingya refugees in Jammu and the move to deport them back to their parent country Myanmar.
As per LiveLaw.in –
The Supreme Court has refused to order the release of nearly 150 Rohingyas detained in the holding centres in Jammu and allowed their deportation to their parent country as per the procedure of law.
A bench comprising Chief Justice SA Bobde, Justices AS Bopanna and V Ramasubramanian passed the order in an application moved by Mohammad Salimullah in the Public Interest Litigation petition filed by him for protection of Rohingyas.
…The Court also noted that India was not a party to the Refugee convention. The Court further said that it cannot comment upon the current happenings in Myanmar.
‘Two serious allegations have been made in reply of the Union of India. They relate to (i) the threat to internal security of the country; and (ii) the agents and touts providing a safe passage into India for illegal immigrants, due to the porous nature of the landed borders. Moreover, this court has already dismissed I.A.No. 142725 of 2018 filed for similar relief, in respect of those detained in Assam’, the order further noted.
Controversial senior advocate Prashant Bhushan, an advocate for talks with Islamic terrorists in Kashmir, appeared for the Rohingya petitioner.
Solicitor General Tushar Mehta had opposed the application on behalf of the Union Government. The SG said that a similar application concerning Rohingyas in Assam was dismissed in 2018, and that the petitioner had suppressed that fact in the present application. The SG also disputed that Rohingya detainees were refugees and called them ‘illegal migrants’.
‘India cannot be a capital for all illegal migrants of the world’, the SG added.
However, with at least 40,000 illegal Rohingya immigrants and around 2 crore illegal Bangladeshis said to be spread all over Bharat, the deportation of just 150 of them is only the first step. As long as our system allows abuse of PIL by Lutyens’ lawyers like Prashant Bhushan and FCRA-funded NGOs, hopes of speedy deportation of all illegal immigrants are dim.
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