New Delhi, May 19 (UNI) The Supreme Court on Monday made strong remarks while refusing to intervene in the detention of a Sri Lankan Tamil national convicted under anti-terror laws, declaring that India is “not a dharamshala” open to sheltering refugees from across the globe.
A bench comprising Justice Dipankar Datta and Justice K Vinod Chandran was hearing a plea challenging a Madras High Court order that directed the petitioner’s deportation following the completion of his sentence under the Unlawful Activities (Prevention) Act (UAPA).
The petitioner, a former LTTE operative, had sought relief on the grounds that he feared persecution, arrest, and torture if sent back to Sri Lanka.
His counsel argued that he had already spent nearly three years in detention after completing his sentence, without any active steps being taken to deport him, and that his family, including his ailing wife and a son with congenital heart disease, was settled in India.
However, the Supreme Court was unmoved.
“Is India supposed to become a refuge for everyone in the world? We are already dealing with a population of 140 crore. This is not a dharamshala that we can entertain foreign nationals from all over,” remarked Justice Datta.
The court questioned the legal right of the petitioner to claim settlement in India.
“What is your right to settle here? The right under Article 19 is available only to citizens. Your liberty has been curtailed as per due process under law, there’s no violation of Article 21,” Justice Datta observed.
When the petitioner’s counsel again pleaded that his client faced a life-threatening situation in Sri Lanka, the Bench curtly replied, “Go to some other country.”
The court drew parallels with its recent stance on Rohingya refugees, where it also declined to stop deportation efforts.
It reiterated that the judiciary must act within the framework of law, and not on emotional or humanitarian grounds alone, especially in cases involving national security.
The petitioner was arrested in 2015 by the Q Branch of Tamil Nadu Police on suspicion of being an LTTE sympathiser.
He was convicted in 2018 under Section 10 of the UAPA and sentenced to 10 years in prison.
In 2022, the Madras High Court reduced his sentence to seven years but directed that he be placed in a refugee camp and deported immediately after completing the term.
Represented by Advocates R. Sudhakaran, S. Prabu Ramasubramanian, and Vairawan AS (AOR), the petitioner argued that being “black-gazetted” in Sri Lanka placed him in serious jeopardy upon return.
Despite the humanitarian concerns raised, the Supreme Court upheld the legal principle that foreign nationals do not have an automatic right to reside in India, especially after being convicted under anti-terror laws.
UNI SNG PRS