CHANDIGARH: The intervention of Punjab and Haryana high court has finally reunited a Rohingya refugee woman with her son 'illegally' confined in Amritsar jail.
The Punjab and Haryana high court has directed the Punjab government to send a 24-year-old Rohingya refugee boy from Amritsar jail to Chandeni Rohingya refugee camp in Nuh district of Haryana where his mother and other members of family are living.
Justice Gurvinder Singh Gill of the HC has passed these orders while hearing a habeas corpus petition filed by Julaha alias Julaha Yusuf, a Rohingya refugee registered with United Nations High Commissioner for Refugees (UNHCR).
The 48-year-old petitioner had come to India from Myanmar in 2008 and has resided in India ever since.
She had stated that her son Sayedul Amin alias Said Ulla Amin alias Saidul was wrongly involved in a criminal case for cheating and forgery registered at police station Sujanpur, Pathankot. After facing the trial, he was acquitted from all the charges on November 26, 2019 by trial court Pathankot.
However, even after his acquittal he was not released by the authorities and was confined at central jail Amritsar. The HC was also informed that during his detention at Amritsar jail, he was also attacked inside the jail for which an FIR was also registered on April 24, 2020.
In her habeas corpus petition, she had sought directions to produce her son and to set him at liberty. However during the arguments, her counsel confined his submissions to the relief of transfer of petitioner’s son namely from Amritsar, where he is presently detained in detention centre to Chandeni Rohingya Refugee Camp, Nuh in Haryana. It was submitted that both should be kept at one place being mother and son till they are deported back.
Her counsel also contended that the Supreme Court (SC) has held that the right to life and liberty provided under article 21 of the constitution applies to all irrespective of the fact whether they are citizens of India or aliens. It was further submitted that various high courts have liberally adopted the rules of natural justice to refugee issues along with recognition of the United Nations High Commissioner for Refugees (UNHCR) as playing an important role in the protection of refugees.
Responding to the plea, Satya Pal Jain, Additional Solicitor General of India representing the union government, informed that the Ministry of Home Affairs (MHA) has no objection in case the boy is transferred from Amritsar to Chandeni Rohingya Refugee Camp at Nuh in Haryana provided the state of Punjab, where the petitioner’s son is presently kept, as well as the state of Haryana, where the petitioner’s son is to be transferred, do not have any objection for the same.
On this, counsels representing Punjab and Haryana expressed no-objections from the both the states. On this the HC has ordered ADGP (prisons) Punjab to shift the petitioner’s son from Amritsar to Rohingya camp Nuh.