No refugee shall be deported unless proper procedure is followed: Supreme Court


On 26 March, the Supreme Court reserved the verdict after hearing the arguments of all the parties.

Special things

  • Refused to interfere in the process of deportation
  • On March 26, the Supreme Court had reserved the verdict
  • There is a case of about 150 Rohingya detained in Jammu

New Delhi:

About 150 Rohingyas refugees detained in Jammu Supreme Court The decision has come. The Supreme Court said that Rohingya will not be deported unless the process is completed according to the law. However, the court refused to release the Rohingya refugees. The Supreme Court has also refused to interfere in the process of deportation. The Supreme Court has given its verdict on a petition seeking release to prevent Rohingya refugees from being deported. On March 26, the Supreme Court reserved the verdict after hearing arguments from all the parties.

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Earlier, lawyer Prashant Bhushan demanded from the court that Rohingya who came from Myanmar be released from custody. To this SG Tushar Mehta said that Bhushan is narrating the problem of Myanmar which is from another country. He said that the Supreme Court has already rejected the plea to stop the Rohingya being repatriated from Assam in such a case. This petition was also from this petitioner and lawyer. The CJI asked Bhushan how your issue is related to this, Myanmar and the Rohingya problem there because he is a foreigner while the rule you are referring to is for the citizens of the country. SG said that the petitioner had earlier applied for Rohingya in Assam and now they are putting it for Jammu and Kashmir, on which the SC questioned that you are going to the court under Article 32. Under this, only residents of the country can approach the court for relief on the violation of the original threats. You are going to the court for Rohingya who are not citizens of this country, is it possible? Prashant Bhushan has not written in Article 32 about legal relief for the residents of the country, any court can come. We have moved the court to stop Rohingya Muslims from being repatriated to Myanmar. Let them stay here as refugees.

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SG Tushar Mehta said that we are in touch with the Myanmar government. They have told them that they are your citizens. Take them back to you. The CJI said where did you write in your affidavit that you are sending them back and the Myanmar government is assuming that they are their citizens. The CJI asked that according to you, we should investigate the validity of detention under the Foreigners Act Have to do? Bhushan said – No, these are refugia! We have come here after saving lives. The same SG Tushar Mehta said that this is the second time. Actually there is unrest and violence in Myanmar. People are migrating. SG said that there was a similar case from Assam for which an application was made, which was rejected. This time the matter is from Jammu. The same petitioner and the same grounds, the same arguments! The CJI said that the application was rejected earlier? SG said- Yes! The Supreme Court rejected that application. Tushar Mehta said that India is not the capital of intruders.

The court asked Harish Salve to put his side on the intervention petition on behalf of the Jammu and Kashmir government, but Prashant Bhushan cited the old court order, while furthering the debate. Seven people caught earlier had also admitted in the court that they are residents of Myanmar, but at the moment they are stateless. Does this country not follow the ideal norms of protecting the right to life? It has also been proved in international forums that the government of Myanmar is illegal. If these people go there, then their army will kill them. CJI said that we will now see how different your arguments are from our previous decision in a similar case. In fact, the petition urged the Central Government to issue a refugee identity card for the Rohingyas living in informal camps through the Foreigners Regional Registration Office (FRRO). Rohingya refugee Mohammed Salimullah, in a petition filed through advocate Prashant Bhushan, has sought issuance of an order to prevent the imposition of any order to deport Rohingya refugees jailed in Jammu. It said that the refugees are facing a threat regarding the government circular, in which the concerned authorities have been instructed to identify and expedite illegal Rohingya refugees. The petition states that it has been filed in the public interest to save the refugees living in India from being extradited, which is a violation of equality and right to live.


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