New Delhi, May 8 (UNI) The Supreme Court was informed that several Rohingya refugees, including women and children holding UNHCR (United Nations High Commissioner for Refugees) cards, were allegedly picked up by police late on Wednesday night and deported to Myanmar, despite the matter being scheduled for hearing on Thursday.
The claim, made by the petitioners' counsels Senior Advocate Colin Gonsalves and Advocate Prashant Bhushan on Wednesday, was based on media reports suggesting that the refugees were initially removed from detention centres under the pretext of verifying their documentation but may have subsequently been deported.
A three-judge bench, comprising Justices Surya Kant, Dipankar Datta and N Kotiswar Singh, heard the case and decided to take it up for final hearing on July 31, refraining from passing any interim orders.
Solicitor General Tushar Mehta, appearing for the government, cited a previous ruling dated April 8, 2021, asserting that deportations must be carried out strictly according to the law.
During the proceedings, Gonsalves expressed "shock" over the reported deportations, calling them an "alarming overreach" of judicial boundaries, especially given the ongoing protection of Rohingyas under the Court's consideration for nearly a decade.
Bhushan added that Myanmar does not even recognise the Rohingya as citizens and is unwilling to accept them back, rendering the deportation act even more concerning.
Justice Datta inquired about the significance of the UNHCR cards, to which Bhushan explained their issuance by a United Nations agency.
However, the Solicitor General emphasized that India is not a signatory to the 1951 Refugee Convention, and the 2021 ruling already held that rights under Article 14 (equality) and Article 21 (right to life) are available to all persons, but protection from deportation is not guaranteed unless covered by Article 19(1)(e), which pertains only to Indian citizens.
Justice Datta also pointed out that a similar plea concerning deportations from Assam had been dismissed in 2018, asserting that all Rohingya refugees are "foreigners" under Indian law and thus subject to the Foreigners Act.
Gonsalves disagreed, arguing that the earlier case involved migrants, not refugees, but Justice Datta maintained his position.
When Gonsalves raised concerns about further deportations, the bench recorded Solicitor General Mehta’s assurance that any such action would occur strictly in accordance with the law.
A separate issue was also brought up regarding alleged deaths inside detention centres, but the bench chose to defer detailed discussion until the next hearing.
Justice Kant, advocating a conclusive approach, remarked, "It is better that instead of passing interlocutory orders, we decide the matter finally whether they have a right to stay or not. If not, deportation must follow due process."
The Court recently disposed of a petition seeking school admissions for Rohingya refugee children in Delhi, directing them to first approach the local government schools and, if denied admission despite eligibility, to take recourse through the Delhi High Court.
Similarly, another PIL seeking broader benefits for Rohingya refugees, including educational rights, was also disposed of earlier this year, with the Court emphasising that while education is a universal right, determining the legal status of the families involved must be the first step.
The matter is now scheduled for final hearing on July 31, with the Court poised to determine the broader constitutional and legal framework governing the status and rights of Rohingya refugees in India.
UNI SNG SS