Top court de­lays rul­ing on Ro­hingya

Strike bal­ance be­tween na­tional in­ter­est, Ro­hingya: SC to Cen­tre

Gulf News - - INDIA -

An at­tor­ney says In­dia’s Supreme Court has post­poned a de­ci­sion on whether the gov­ern­ment can evict about 40,000 Ro­hingya Mus­lims who have taken refuge in the coun­try.

Prashant Bhushan said the court had been ex­pected to is­sue its rul­ing yes­ter­day, but de­layed the de­ci­sion un­til Nov. 21, say­ing it wants more time to hear a pe­ti­tion on be­half of his clients, two Ro­hingya chal­leng­ing the gov­ern­ment’s de­por­ta­tion plans. The pe­ti­tion ar­gues that de­por­ta­tion would vi­o­late their hu­man rights.

An es­ti­mated 40,000 Ro­hingya Mus­lims have set­tled in var­i­ous In­dian cities, in­clud­ing many who fled per­se­cu­tion in Myan­mar in 2012. The gov­ern­ment has said some are ex­trem­ists who pose a threat to In­dia’s se­cu­rity.

The Supreme Court yes­ter­day asked the Cen­tre to strike a bal­ance be­tween na­tional se­cu­rity, eco­nomic in­ter­ests and hu­man­i­tar­ian con­sid­er­a­tions with re­gard to the Ro­hingya women, chil­dren, old, sick and in­firm.

“We have to strike a bal­ance be­tween na­tional se­cu­rity and eco­nomic in­ter­ests and hu­man­i­tar­ian con­sid­er­a­tions” in­volv­ing Ro­hingya, said Chief Jus­tice Di­pak Misra head­ing the bench also in­clud­ing Jus­tice A.M. Khan­wilkar and Jus­tice D.Y. Chan­drachud. Chief Jus­tice Misra said: “[We should see] How we rec­on­cile the na­tional se­cu­rity and eco­nomic in­ter­ests and pro­tec­tion of women, chil­dren, old, in­firm, sick and in­no­cent” Ro­hingya and “how far this court can go”.

Chief Jus­tice Misra said: “As a con­sti­tu­tional court of this coun­try, we can’t be obliv­i­ous of this and si­mul­ta­ne­ously the ex­ec­u­tive too can’t be obliv­i­ous of this.”

The court said this as the Cen­tre re­sisted its ear­lier ob­ser­va­tion that the gov­ern­ment could take ac­tion in­volv­ing Ro­hingya only where it was nec­es­sary. “You can take ac­tion where it is nec­es­sary, you will not de­port them,” the bench said.

Ad­di­tional Solic­i­tor-Gen­eral Tushar Me­hta urged the court not to pass any such or­der as it would have in­ter­na­tional ram­i­fi­ca­tions.

Chief Jus­tice

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