New Delhi: The Supreme Court on Thursday refused to release nearly 150-170 Rohingya refugees in a sub-jail in Jammu while ordering them not to be deported unless the prescribed procedure is followed.
A bank headed by Chief Justice SA Bobde and made up of Justices AS Bopanna and V. Ramasubramanian, said: ‘Two serious allegations have been made in response to the Union of India. It relates to (i) the threat to the internal security of the country; and (ii) the agents and touts that provide a safe passage to India for illegal immigrants due to the porous nature of the land borders. ”
The Supreme Court noted that a similar application in 2018 contesting the deportation of Rohingyas from Assam was rejected by him on October 4, 2018.
‘It is also true that the rights guaranteed under Articles 14 and 21 are available to all persons who may or may not have citizens. “The right not to be deported is in addition to or accompanied by the right to reside or settle in any part of the territory of India guaranteed under section 19 (1) (e),” he said.
According to the petitioners, Rohingyas were persecuted in Myanmar even when an elected government was in power and that the elected government has now been overthrown by a military coup, so the danger is imminent.
Submitters also claim that India is a signatory to the protection of all persons against forced disappearances, the Convention against Torture and Other Cruel and Inhuman or Degrading Treatment or Punishment.
However, the Supreme Court noted that there is no denial of the fact that India is not a signatory to the Refugee Convention, and that serious objections are raised, whether Article 51 (c) of the Constitution can be implemented unless India ‘ ratify a party at or convention.
“There is no doubt that the national courts can draw inspiration from international conventions / treaties, as long as it is not in conflict with municipal law,” he noted.
Attorney General Tushar Mehta, representing the center, argued that India has open / porous land borders with many countries, that there is a constant threat of the influx of illegal immigrants and that the influx has serious consequences for national security. He added that, although the rights guaranteed under sections 14 and 21 may be available to non-citizens, the fundamental right to reside and settle in this country guaranteed under section 19 (1) (e), available to citizens only.
The High Court said: “It is therefore not possible to grant the interim relief requested. However, it is made clear that the Rohingyas in Jammu, on whose behalf the present application is being filed, may not be deported unless the procedure prescribed for such deportation is followed. ”
An application was lodged by Mohammad Salimullah and another petitioner, a Rohingya refugee, by lawyer Prashant Bhushan, who sought the direction of the Supreme Court to the government to prevent them from making any orders to the Rohingya refugees living in to deport the jail in Jammu. The submitter also requested their release.
Source: Telangana Today