Refusing to grant any relief to a Sri Lankan national facing possible deportation, the Supreme Court said on Monday that India, which is “struggling with a 140 crore population… is not a dharmshala”.
A two-judge bench heard the plea of the Sri Lankan national, who had challenged a Madras High Court order. The order directed him to leave India after serving a seven-year sentence under the Unlawful Activities Prevention Act.
“Is India to host refugees from all over the world? We are struggling with 140 crore. This is not a dharmshala that we can entertain foreign nationals from all over,” Justice Dipankar Datta remarked orally. He presided over the bench, which also included Justice Vinod Chandran.
The petitioner’s counsel informed the court that the man is a Tamil and fears returning to Sri Lanka. He fought for the Liberation Tigers of Tamil Eelam (LTTE) and faces threats to his life, the counsel said. If deported, he will be arrested and tortured, the lawyer claimed.
The bench was told the man has been under detention for about three years without any deportation. The court said there was no violation of fundamental rights. His detention followed the procedure established by law.
The court also suggested that the petitioner could consider moving to another country if returning to Sri Lanka is not an option, as he has claimed.
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