Khaleej Times

Strike a balance between national interests, Rohingya: SC to Centre

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new delhi — The Supreme Court on Friday 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 Rohingyas, 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” Rohingyas and “how far this court can go”.

Having said this, 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 top court said this as the Centre resisted its earlier observatio­n that the government could take action involving Rohingyas where it was necessary but they should not be deported.

(We should see) How we reconcile the national security and economic interests and protection of women, children, old, infirm, sick and innocent” rohingyas and “how far this court can go” Chief Justice Misra

you can take action where it is necessary, you will not deport them Supreme court bench

“You can take action where it is necessary, you will not deport them,” the bench had said.

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

In an attempt to persuade the court not to pass such an order, Mehta said: “Where there are internatio­nal obligation­s, we know our responsibi­lity.”

The court on Friday also clarified that Article 21 guaranteei­ng right to life and liberty was not available to the citizens alone but all those living in India.

Article 21 lays down: “No person shall be deprived of his life or personal liberty except according to procedure establishe­d by law.”

The court’s observatio­n assumes significan­ce as the Centre has questioned the maintainab­ility of the petition by the two Rohingya refugees, contending that they could not invoke the jurisdicti­on of the top court under Article 32 seeking the protection of their right to life and liberty. As the court fixed November 21 for the hearing of the matter for two days, the court permitted amicus curiae Fali S. Nariman to approach the court in case of any contingenc­y.

Nariman, who said he was only concerned about the human rights, told the Centre: “My stand is human rights.”

In his submission Nariman said the Foreigners Act that provides for the identifica­tion and deportatio­n of illegal foreign nationals, there are exceptions for cases of Hindus, Parsis, Buddhists and Sikhs.

Nariman said the exceptions under the Foreigners Act should be extended to Rohingya Muslims and Rohingya Hindus. The court permitted liberty to Nariman to knock its door in a contingenc­y as Assistant Solicitor General Tushar Mehta raised an objection, saying that the matter was sub-judice.

Mehta was discomfite­d when the court earlier, while directing the next hearing on November 21, had said: “Needless to say that the matter is sub-judice.” He urged the court not to pass any such order as it would have internatio­nal ramificati­ons. —

 ?? PTI ?? Advocate Prashant Bhushan briefs media persons after a hearing on Rohingya’s deportatio­n plans in Supreme Court. —
PTI Advocate Prashant Bhushan briefs media persons after a hearing on Rohingya’s deportatio­n plans in Supreme Court. —

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