Centre opposes plea in SC against Rohingya detention
NEW DELHI: India cannot become the “international capital of illegal immigrants”, the Centre told the Supreme Court on Friday while opposing a plea seeking release and protection of over 150 Rohingya sent to a holding centre in Jammu as part of a process to identify undocumented immigrants for deportation to Myanmar.
In an affidavit, the Centre called Rohingya “absolutely illegal immigrants” who posed “serious threats to the national security” as a Chief Justice of India (CJI) SA Bobde-led bench reserved its order on the plea.
The Jammu & Kashmir administration began the process of identifying undocumented immigrants on March 6. Over 150 of them were sent to the holding centre under the Foreigners Act. Officials insisted due process of law was followed and added the immigrants sent to the centre did not have valid travel documents.
Hundreds of thousands of Muslim Rohingya have since 2017 fled Myanmar to escape persecution and many of them have been staying in India.
The UN has called a Myanmar army’s campaign against the Rohingya “a textbook example of ethnic cleansing”.
The Centre underlined “illegal immigrants” cannot assert the right to settle in India under the Constitution’s Article 21 (the right to life and liberty). Solicitor general Tushar Mehta, who appeared for the Centre, submitted that the Supreme Court dismissed a similar application to stop the deportation of Rohingya in Assam in 2018. He added the fresh plea must meet the same fate.
“The continuance of the illegal immigration of Rohingya into India and their continued stay in India, apart from being absolutely illegal, is also found to be having serious national security ramifications and poses serious security threats,” he said.
Mehta said the Centre has begun the process for deporting Rohingya after receiving a confirmation from Myanmar regarding their nationality.
He added the court should steer clear of the “diplomatic issue” since it falls within the exclusive domain of the executive.
Senior advocate Harish Salve, who represented the Jammu & Kashmir administration, cautioned the bench against “starting a dangerous trend” by interfering with a subject that related to “illegal immigrants” and diplomatic relations.
Advocate Prashant Bhushan, who argued for the petitioner Salimullah, cited the International Court of Justice’s January 2020 order on the persecution of Rohingya in Myanmar and how they were subjected to crimes in violation of international humanitarian laws.
Bhushan said an urgent intervention of the SC was required since those held in Jammu could be deported to Myanmar from where they fled fearing prosecution.
The bench told Bhushan: “You are saying that they might be massacred once sent back to Myanmar. What happens in a foreign country is beyond our
IN AN AFFIDAVIT, THE CENTRE CALLED ROHINGYA “ABSOLUTELY ILLEGAL IMMIGRANTS” WHO POSED “SERIOUS THREATS TO THE NATIONAL SECURITY” AS A CHIEF JUSTICE OF INDIA (CJI) SA BOBDE-LED BENCH RESERVED ITS ORDER ON THE PLEA
control... We are certain that there should be no genocide on this earth. We are not supporting the genocide of any kind anywhere. But the question here is different. You did not tell us that a similar application by you had already been dismissed by this court.”