SC ALLOWED THE DEPORTATION OF ROHINGYA TO THEIR COUNTRY, MAYANMAR

8th April 2021

The SC denied the release of Rohingyas detained in the centres of J&K and allowed their deportation to their Country, Myanmar. However, the Court made it clear that Rohingyas will not be deported unless the prescribed procedure for such deportation is followed.

Chief Justice SS Bobde, Justice AS Bopanna and Justice V Ramasubramaniam passed this order in a PIl filed by Md Salimullah to protect the Rohingyas.

ARGUMENTS

During the hearing, held on 23rd March, Adv Prashant Bhushan appeared for the Applicant, Solicitor General Tushar Mehta on behalf of the Union Government and Adv Harish Salve on behalf of the J&K administration.

• Adv Prashant Bhushan stated that Rohingya faced genocide threat in their parent country, and now Myanmar is governed by Myanmar Military. Sending Rohingyas back will only endanger them and cause atrocities. He also mentioned the principle of non-refoulment.
• SG Tushar Mehta opposed the application and said Rohingyas are illegal migrants and India cannot be a capital for Illegal Migrants.
• Adv Harish Salve argued that India is not binding to the non-refoulment principle as the Indian Government has not signed the international treaties relating to the principle.

Oral observations

Lastly, CJI made oral observations that Rohingyas face a threat in their country; possibly if they go back, they will be slaughtered, but we cannot control or do anything about it.

Author: Papiha Ghoshal

PC: THE STATESMAN