In a significant development, the Supreme Court of India has maintained that Rohingya refugees in India are foreigners and must be dealt with under the Foreigners Act. The Court refused to interfere with their deportation and listed the case for further hearing on July 31.
During the recent hearing, the Supreme Court, led by a bench of Justices Surya Kant, Dipankar Datta, and N Kotiswar Singh, was informed that some Rohingya refugees, including women and children with United Nations High Commission for Refugees (UNHCR) cards, were allegedly arrested and deported. The petitioners' counsels, Senior Advocate Colin Gonsalves and Advocate Prashant Bhushan, highlighted that refugees were taken from detention for "verification of papers" but were instead deported.
"What happened is alarming and a complete overreach of the Court," expressed Senior Advocate Colin Gonsalves, reacting to the deportation of Rohingya refugees.
Solicitor General Tushar Mehta pointed out a prior order dated April 8, 2021, which directed the government to conduct deportation strictly according to the law. The Supreme Court's 2021 order emphasized that while Articles 14 and 21 of the Constitution apply to all individuals, the right not to be deported is not absolute and is tied to the right to reside or settle under Article 19(1)(e).
Justice Datta clarified that the petitioners could not claim relief based solely on UNHCR cards. While petitioners argued that the 2021 order was interim, the judge emphasized that an interim order functions as "res judicata in the same proceedings at a later stage."
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"Rohingyas are foreigners and must be dealt with under the Foreigners Act," stated Justice Dipankar Datta.
Justice Kant acknowledged that the matter should be decided finally, rather than through continuous interim orders. He stated, "If they have a right to stay, it should be recognized, and if not, they must follow the legal procedure for deportation."
The Court also noted a previous case involving the deportation of Rohingyas from Assam, where the top Court maintained its stance. The bench emphasized that Rohingyas are subject to the Foreigners Act and cannot claim the right to settle under Article 19(1)(e).
The case has been listed for further hearing on July 31, with the Supreme Court maintaining its position that any deportation must be done strictly in accordance with the law.
