Top court delays ruling on Rohingya

Strike balance between national interest, Rohingya: SC to Centre

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