Rohingya issue humanitarian, deal with it sensitively: SC
, ET Bureau|
Updated: Oct 14, 2017, 12.11 AM IST
NEW DELHI: The Supreme Court on Friday made it clear to the government that the Rohingya issue was a humanitarian one and should be dealt with sensitively, but stopped short of asking the government not to deport them. Some 40,000 Rohingyas, mostly Muslims, have fled neighbouring Myanmar in the face of religious persecution. Two of them have moved SC against their proposed deportation citing their right to life and liberty guaranteed to them by the Indian Constitution.
Deporting them when they are certain to face death and destruction back home was violative of their right to life and liberty, they have argued. Their case in the top court is being led by senior advocate Fali S Nariman. The government through ASG Tushar Mehta has vehemently opposed any move to let them stay on the ground that they are a security threat and a fertile ground for recruitment by terror outfits. Nariman argued he was all for “human rights”. These are people who have been forced to flee under special circumstances, he said.
The government should not pass any blanket orders against them, rather it should act against individuals, he said. Nariman suggested that both Rohingya Hindus and Muslims should be added to the exempt list to allow them to stay in this country. This prompted the three-judge bench, led by CJI Dipak Misra, to wonder how the court should deal with the case.
“Can we infer some philosophies (such as a humanitarian philosophy) from the constitution to ask the government to interpret statutes accordingly? Can we ask the government to go by any such convention?” the CJI asked. “The issue is of great importance. The state has a big role to play,” he said. “There’s an overarching humanitarian consideration...,” the CJI observed. Mehta resisted the court’s attempts to pass any order that would prevent the government from taking any action on this front in the interim. “The case should just be adjourned,” he said.
Eventually, the court merely passed an order listing the case for a detailed hearing on November 21. The CJI observed that till the matter is being heard by the court, there should not be any deportation.
Deporting them when they are certain to face death and destruction back home was violative of their right to life and liberty, they have argued. Their case in the top court is being led by senior advocate Fali S Nariman. The government through ASG Tushar Mehta has vehemently opposed any move to let them stay on the ground that they are a security threat and a fertile ground for recruitment by terror outfits. Nariman argued he was all for “human rights”. These are people who have been forced to flee under special circumstances, he said.
The government should not pass any blanket orders against them, rather it should act against individuals, he said. Nariman suggested that both Rohingya Hindus and Muslims should be added to the exempt list to allow them to stay in this country. This prompted the three-judge bench, led by CJI Dipak Misra, to wonder how the court should deal with the case.
“Can we infer some philosophies (such as a humanitarian philosophy) from the constitution to ask the government to interpret statutes accordingly? Can we ask the government to go by any such convention?” the CJI asked. “The issue is of great importance. The state has a big role to play,” he said. “There’s an overarching humanitarian consideration...,” the CJI observed. Mehta resisted the court’s attempts to pass any order that would prevent the government from taking any action on this front in the interim. “The case should just be adjourned,” he said.
Eventually, the court merely passed an order listing the case for a detailed hearing on November 21. The CJI observed that till the matter is being heard by the court, there should not be any deportation.
