Securing borders executive function, Centre tells SC

NEWDELHI: Securing the country’s borders is essentially an “executive function”, the Centre on Friday told the Supreme Court and urged it not to direct the Union and the state governments to allow foreigners to enter illegally.

Responding to the prayers, made by two Rohingya refugees, including that the Border Security Force be stopped from allegedly using “chilli and stun grenades” to stop refugees from entering, the Ministry of Home Affairs (MHA) said that it was protecting the borders in accordance with the law and complying with human rights in larger “national interests”.

“Securing the borders of any sovereign nation, in accordance with law, is an essentially executive function and this court should not issue a writ directing not only the central government but all state governments having a common border to ensure that foreigners enter the territory of India,” the affidavit said.

The MHA denied the allegations that chilli and stun grenades were being used to push back Rohingyas and said that it was “false, incorrect and far from truth”. India has been facing the serious problem of infiltration because of its porous border with other countries and this is “the root cause of spread of terrorism”, it said.

“All agencies tasked with the function of guarding the borders of our nations are discharging their duties strictly in accordance with law and complying with the human rights in larger national interests,” the Centre’s affidavit said.

Mohammad Salimullah and Mohammad Shaqir, the Rohingya refugees, sought permission to enter India, besides education and health care facilities and grant of refugee ID cards by the Foreigner Regional Registration Office.

The Centre also opposed the plea that Rohingyas may be treated like Sri Lankan Tamil refugees here saying that the comparison with Sri Lankan refugees was “ill-founded and misconceived”.