State Can't Be Oblivious: What Supreme Court Said On Rohingya Refugees


The apex court said that national importance can not be secondary and at the same time human rights of Rohingyas should be kept in mind. The court told the government that no Rohingya refugee should be deported until the next date of hearing in the case.

The bench, also comprising Justices A M Khanwilkar and D Y Chandrachud, said it will hear in details various aspects of the matter including the Centre's preliminary objection that the issue fell under the domain of the executive and hence was "not justiciable".

A three-judge SC bench led by chief justice Dipak Misra has asked the concerned parties related to the case to compile all documents and global conventions for its assistance.

As before the top court announced that it will hear arguments only on the points of law, as the matter is considered humanitarian and it is required to be heard with mutual respect.

They contend that many Rohingyas, who had fled to India after the earlier spate of violence, are settled in Jammu, Hyderabad, Haryana, Uttar Pradesh, Delhi-NCR and Rajasthan.

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Appearing for the petitioners, Fali Nariman contended that the Rohingyas were entitled to the Fundamental Right to Life and Liberty under Article 21 of the Constitution as these rights are applicable equally to citizens and non-citizens of India.

Till then the court has ordered status quo in the issue. About 519,000 Rohingya have crossed the border and crossed into neighbouring Bangladesh since August 25, when attacks by Rohingya militants on security posts in Rakhine state sparked a ferocious military response. The government has said some are extremists who pose a threat to India's security.

Rijiju said India would deport all Rohingya refugees, including some 16,500 who have been registered by the United Nations refugee agency as refugees.

Signatories to the letter include ex-Finance minister P Chidambaram, Congress leader Sashi Tharoor, lawyer Prashant Bhushan, former Union Home secretary GK Pillai, Member of Parliament Majeed Memon, former Army officer and columnist Ajai Shukla, activist Teesta Setalvad, and actress Swara Bhaskar.

"This is simply not the case and the evidence to support these assertions has not held up".

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