New Delhi: A bench of the Supreme Court led by SA Bobde, the Chief Justice of India on Friday reserved its order towards a petition seeking a stay on the deportation of Rohingya refugees from Jammu and Kashmir to Myanmar.
The bench which also comprises Justice AS Bopanna and Justice V Ramasubramanian heard the matter at length for almost an hour and observed that it is not called upon to condemn genocide, should it happen anywhere on earth, but to see the legality of the issue.
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Advocate Prashant Bhushan appearing for the petitioner argued before the court today that Rohingyas have been rendered stateless by the United Nations, and that the International Court of Justice had found Myanmar guilty of genocide. He also added that Rohingyas fled the country for their life and deporting them back would be a violation of international conventions that India is a part of.
"You can not send anybody where he is likely to be tortured or caused grave harm," Prashant Bhushan said.
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Speaking on the issue, Solicitor General of India Tushar Mehta appearing for the Centre submitted before the court that, India isn't a capital of the immigrants in the world. He also said that Rohingyas are illegal immigrants and the Home Ministry thinks that they can pose a national security threat to the nation. The Rohingyas had entered India through West Bengal and have travelled to Jammu and Kashmir.
Denying India to be part of any convention that requires sheltering Rohingyas, the Solicitor General said that India had approached the Myanmar government through diplomatic channels to ensure that their citizens be deported back in accordance with the law. They are illegal immigrants and we are in the process of deportation, Tushar Mehta informed the Court.
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In this context, the Supreme Court observed that though the Rohingyas fear that they will be slaughtered following deportation, nothing can be done about it. CJI said that the petitioner had approached the court under Article 32 which is available to the citizens of India for fundamental rights.
"Is this country not obliged to maintain any right to life under Article 21?" Bhushan questioned, adding that it is applicable to every person, whether citizen or not, this has been held by the court also on several earlier occasions.
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The advocate representing the UN special rapporteur was also present, but due to the objection by Jammu and Kashmir state's lawyer Harish Salve and Solicitor General Tushar Mehta, the court said that it can not hear him presently and that they will decide about it.
"We don't need your assistance till we ask, we have not decided about hearing from you because there is objection. We are closing this case for further orders," said CJI Bobde.
