NEW DELHI: The Supreme Court on Thursday refused to stay the purported deportation of illegal Rohingya Muslim migrants from Delhi, to stop which senior advocate Colin Gonsalves and counsel Prasahant Bhushan had rushed with pleas claiming Rohingyas face genocide in Myanmar and argued that as refugees they have a right to stay in India.
A bench of Justices Surya Kant, Dipankar Datta and N Kotiswar Singh said the right to reside anywhere in India is available only to its citizens and non-Indians would be dealt with in accordance with the Foreigners Act. It posted the pleas for hearing on July 31.
Solicitor general Tushar Mehta with advocate Kanu Agrawal told the bench that the SC had earlier refused to stay the deportation of Rohingya Muslims from Assam and J&K after the Centre had expressed security concerns over their presence in India and highlighted the national security ramifications.
When Gonsalves and Bhushan said that Rohingyas were forced to flee their country because of genocide by the Myanmar Army and that they have been registered as refugees by United National Human Rights Commission, which has given them refugee cards. Hence, they have the right to live and reside in India, they argued.
But the SG countered them saying Rohingyas are foreigners and the SC in Assam case had ruled that it would not comment on the situation in Myanmar. He said the SC had also said that right not to be deported is concomitant to right to residence, which is available only for Indian citizens.
He, however, assured the court that due process under the existing laws would be followed for deportation of illegal Rohingya migrants and said India does not recognize them as refugees. India is not a signatory to the UN Refugee Convention , he said, adding the UNHCR giving them refugee status is disputable.
The bench said right to life under Article 21 is available to the Rohingya migrants but they are all foreigners, who would be dealt with in accordance with the Foreigners Act.
A bench of Justices Surya Kant, Dipankar Datta and N Kotiswar Singh said the right to reside anywhere in India is available only to its citizens and non-Indians would be dealt with in accordance with the Foreigners Act. It posted the pleas for hearing on July 31.
Solicitor general Tushar Mehta with advocate Kanu Agrawal told the bench that the SC had earlier refused to stay the deportation of Rohingya Muslims from Assam and J&K after the Centre had expressed security concerns over their presence in India and highlighted the national security ramifications.
When Gonsalves and Bhushan said that Rohingyas were forced to flee their country because of genocide by the Myanmar Army and that they have been registered as refugees by United National Human Rights Commission, which has given them refugee cards. Hence, they have the right to live and reside in India, they argued.
But the SG countered them saying Rohingyas are foreigners and the SC in Assam case had ruled that it would not comment on the situation in Myanmar. He said the SC had also said that right not to be deported is concomitant to right to residence, which is available only for Indian citizens.
He, however, assured the court that due process under the existing laws would be followed for deportation of illegal Rohingya migrants and said India does not recognize them as refugees. India is not a signatory to the UN Refugee Convention , he said, adding the UNHCR giving them refugee status is disputable.
The bench said right to life under Article 21 is available to the Rohingya migrants but they are all foreigners, who would be dealt with in accordance with the Foreigners Act.
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