SC refuses interim order on plea by Rohingya refugees seeking facilities

Supreme Court on Monday favoured the Centre’s submission that no interim order should be passed on pleas to grant certain facilities to Rohingya refugees as it would grab ‘media headlines’ and have repercussions on India’s diplomatic ties with Myanmar and Bangladesh.

The top court said it will not pass any interim order with regard to ensuring health and educational facilities for Rohingya refugee camps in the country unless materials contradicting the Centre’s claims are brought before it.

“Lordship should not pass any interim orders for media headlines. All my statements are on affidavit and I represent Government of India and the interests of India,” Additional Solicitor General Tushar Mehta told a bench of Chief Justice of India Dipak Misra and Justices AM Khanwilkar and DY Chandrachud.

Mehta, appearing for the Centre, said any order passed may have repercussions on India’s diplomatic relations with Myanmar and Bangladesh.

“I cannot place before this court the diplomatic solutions being worked out. The diplomatic decisions are taken at the highest level and are not for public consumption. These are decisions taken at the top executive level. Government is alive to the situation prevailing at the Rohingya refugee camps,” Mehta said.

He also questioned the bonafides and motives of the NGOs and individuals seeking facilities for the refugees and said the government has already said on affidavit that no discrimination between Indians and outsiders was being done in providing health and education facilities.

“They are relying on some newspaper reports. I don’t know what interests are being protected here. When you go to hospital or school, do they ask for your passport? The way PILs are being filed nowadays, this court should take a view as to who wants to change the demography

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of the country, who wants destabilisation and who wants to disturb the internal security of the country,” Mehta said.

The ASG further raised questions on the PILs, saying these were filed based on media reports and no one knew whose interests were being protected here.

Prashant Bhushan, appearing for refugees Mohammad Salimullah and Mohammad Shaqir replied that “it is the interest of humanity which is being protected here”. “The Centre has said in its affidavit they are not using chilli spray and stun grenade to push back the Rohingya refugees. They have accepted they are not allowing anyone to enter India without valid documents. They are refugees. How will they have valid documents.”

Senior advocate Ashwani Kumar, also appearing for petitioners, said the issue was of Article 21 and adherence to international conventions.