The Supreme Court has taken a critical stance in the ongoing case concerning Rohingya refugees, asking whether they should be recognised as refugees or considered illegal immigrants entering India unlawfully.
A bench consisting of Justices Suryakant, Deepankar Dutta, and N Kotishwar Singh stated that resolving this core issue would automatically clarify the other related matters.
Justice Suryakant described the primary question as straightforward: Are the Rohingyas refugees, or are they illegal immigrants?
The court emphasised that while the government has the authority to deport illegal immigrants, it must also provide basic facilities such as water, healthcare, and education to them during their stay, as guaranteed under Article 21 of the Indian Constitution.
Further, the court probed whether the Centre or states can justify deporting individuals who are not officially recognised as refugees but have entered India illegally.
The bench also questioned whether the authorities can hold such individuals in detention indefinitely or must grant them bail under certain conditions.
Attention also focused on the Rohingyas living in refugee camps without custody.
The court enquired whether these individuals have been adequately provided with essential services, including clean water, healthcare, and educational facilities.
The court examined whether authorities can detain illegal immigrants indefinitely or should grant them conditional bail at the court’s discretion.
To address the complexities, the court segmented the case into three parts: one focusing directly on the Rohingyas, the second on related but indirect issues, and the third as a separate matter.
The court will hold hearings every Wednesday.
In an earlier hearing, the court strongly criticised the petitioner, who claimed that authorities had thrown 43 Rohingya refugees into the sea and deported them to Myanmar.
The bench reprimanded the petitioner for presenting unsubstantiated allegations during a time when the nation is facing numerous challenges, asking why petitioners do not instead take direct action to help the poor.
The petition, filed on behalf of Rohingya Mohammad Ismail, alleged that some refugees reached Myanmar by floating on life jackets.
The petitioner’s lawyer, Colin Gonzalvis, cited a United Nations report recognising the Rohingyas as persecuted refugees and advising against their forcible deportation.
The Supreme Court acknowledged it would consider this report carefully in its deliberations.
Finally, the court expressed concern that individuals outside India attempt to influence sensitive matters relating to the country’s security and sovereignty, underscoring the importance of judicial oversight in these cases.
With hearings continuing weekly, the Supreme Court aims to bring clarity and legal guidance on the complex humanitarian, legal, and security issues surrounding the Rohingya refugees in India, balancing human rights with national interests.
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