Shun emotions, address Rohingya issue on law and human values: SC

The Supreme Court on Tuesday said that it will examine all the issues involved in the moves to deport Rohingya refugees back to Myanmar as it urged the rival parties to address the issue on the strength of law shunning emotional arguments.

“No emotional arguments. Go by law and human values and mutual respect,” said the bench of Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud as amicus curiae Fali Nariuman assailed the government stand on deporting about 40,000 Rohingya refugees who have fled Myanmar to escapee persecution, reports IANS.

Urging both Nariman and Additional Solicitor General Tushar Mehta to address the court on law and human values, the bench said that “we will deal with it including parameters, boundaries and contours of the decision, and the jurisdiction of the top court” to entertain the plea by two Rohingya refugees opposing moves to turn them back to Myanmar.

The court said that it should be “very slow in abdicating its jurisdiction”.

“I for one believed that court’s should be very slow in abdicating its jurisdiction,” said the Chief Justice.

The observation from the bench assumes significance as the Central government on Tuesday once again reiterated its stand that the court should keep off from Rohingya issue as it concerned the matter falling within the domain of the executive.

Stating that the issue was not justiceable, Mehta told the bench that the parameters within which executive decisions are taken include diplomatic considerations, whether country can sustain the burden of such a large number of refugees, law and order situation in the state where they settle, and other factors including drain on country’s resources.

Mocking the government’s stand that the issued fell within the executive domain and court should not interfere as it was not justiceable, Nariman said that Article 14 (equality before law) and 21 (right to life) was available to all.

“Our constitution is not based on groups rights but on individual rights. It is both for the citizens and noncitizens,” he said.