Plea in top court seeks return, release of ‘forcibly deported’ Rohingya refugees

The plea claimed that Rohingya refugees, transported to airports and flown to Port Blair, were forcibly put on naval ships with their hands tied and eyes blindfolded.

A Public Interest Litigation (PIL) has been filed before the Supreme Court alleging “forcible deportation” of Rohingya refugees by the government to Myanmar.

Alleging that around 43 Rohingya refugees, including children, women, the elderly and persons with serious health conditions, had been deported forcefully, the petitioners sought directions for the government to fly them back to Delhi and release them from custody.

The plea claimed that Rohingya refugees, transported to airports and flown to Port Blair, were forcibly put on naval ships with their hands tied and eyes blindfolded. It has also been alleged that the detainees were abandoned in the sea without regard for their lives or safety.

The detainees were taken for their biometric collection but were not released thereafter, it added.

The Centre’s counsel, Solicitor General Tushar Mehta, referred to the April 8, 2021 order of the top court, saying it bound the government to take deportation action in accordance with law.

A bench led by Justice Surya Kant, which has been considering cases regarding Rohingya refugees, was on April 8 informed by the counsel of the detainees, and said that Rohingya refugees with UNHCR cards were arrested and deported.

The April 2021 order said the rights guaranteed under Articles 14 and 21 are available to all persons who may or may not be citizens but the right not to be deported is ancillary or concomitant to the right to reside or settle in any part of the territory of India guaranteed under Article 19(1)(e).

However, in its May 8 ruling, the top court said that if Rohingya refugees in the country were found to be foreigners under Indian laws, they will have to be deported.

“If they are foreigners as per the Foreigners Act, then they have to be deported,” Justice Datta said in reply to a plea filed by advocate Colin Gonsalves and advocate Prashant Bhushan appearing for Rohingya refugees.
With PTI inputs