A bench headed by Chief Justice S.A. Bobde said that the Rohingyas detained in Jammu cannot be deported without following the due process prescribed in the law.
Supreme Court. File pic
The Supreme Court on Thursday said Rohingyas, detained in Jammu, will not be deported to Myanmar without following law.
An application has been filed by Mohammad Salimullah, a Rohingya refugee, through advocate Prashant Bhushan, seeking direction from the top court to the government to refrain from implementing any orders on deporting the Rohingya refugees who have been detained in jail in Jammu. The petitioner also sought their release.
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A bench headed by Chief Justice S.A. Bobde said that the Rohingyas detained in Jammu cannot be deported without following the due process prescribed in the law.
On March 26, the Centre had told the Supreme Court that India is not capital of illegal immigrants contesting a plea seeking release of about 150 Rohingya reportedly detained in a Jammu jail.
Advocate Prashant Bhushan vehemently argued about atrocities Rohingyas may face if they were deported to Myanmar, as the current military government in Myanmar is unfavourable to them. "We are not in any way called upon to condone or condemn genocide in Myanmar, though we believe genocide anywhere is condemnable," said a bench headed by Chief Justice S.A. Bobde had then told Bhushan.
Solicitor General Tushar Mehta, representing the Centre, had said Rohingya, who had fled persecution in Myanmar to India, were deported only after confirmation of their nationality from the government of that country.
"They are illegal immigrants...We are in touch with Myanmar and once Myanmar confirms their nationality, then they will be deported," Mehta clarified.
The bench also compromising Justices A.S. Bopanna and V.Ramasubramanian queried Mehta, "Will you deport them only after Myanmar confirms?" Mehta explained the government will not deport a person hailing from Afghanistan to Myanmar.
The top court observed, "The fear is that once they are deported, they may get slaughtered. But we cannot stop it".
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