Daijiworld Media Network - New Delhi
New Delhi, May 10: The Supreme Court of India has reiterated that Rohingya refugees residing in the country will be subject to deportation if they are determined to be foreigners under the provisions of Indian law.
A three-judge Bench, headed by Justice Surya Kant and comprising Justices Dipankar Datta and N. Kotiswar Singh, emphasized during a hearing that if the refugees fall within the scope of the Foreigners Act, they must be deported accordingly. "If they are foreigners as per the Foreigners Act, then they have to be deported," Justice Kant stated, responding to arguments made by senior advocate Colin Gonsalves and advocate Prashant Bhushan, who were representing the Rohingya petitioners.
The Bench clarified that identity documents issued by the United Nations High Commissioner for Refugees (UNHCR) carry no legal weight in determining residency rights under Indian law. Justice Kant proposed that the matter be resolved through a conclusive decision rather than interim orders. “If they have a right to stay here, that should be acknowledged, and if they don’t, they will have to be deported as per the law,” he said, scheduling the next hearing for July 31.
In response to concerns raised by the petitioners’ counsel about recent arrests and deportations of refugees holding UNHCR cards, including women and children, Justice Datta reiterated that all such individuals, if classified as foreigners, fall under the legal framework of the Foreigners Act.
Solicitor General Tushar Mehta cited the Supreme Court's 2021 ruling, which established that while Articles 14 and 21 of the Constitution ensure rights for all individuals, the right not to be deported is tied specifically to Article 19, which is reserved for Indian citizens. Mehta also underscored that India is not a signatory to the UN Refugee Convention, diminishing the relevance of UNHCR-issued identification.
Despite Gonsalves labeling the recent arrests as "alarming" and “shocking,” Justice Kant reassured the court that the government had committed to proceed with deportations strictly in line with the law.