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Supreme Court Petition Alleges Forcible Deportation of 43 Rohingyas by Indian Government

13 May 2025 10:17 AM - By Vivek G.

Supreme Court Petition Alleges Forcible Deportation of 43 Rohingyas by Indian Government

A writ petition has been filed in the Supreme Court, alleging that 43 Rohingya refugees, including children, women, elderly individuals, and those with serious health conditions, were forcibly deported by the Indian Government to Myanmar by abandoning them in international waters.

A recent writ petition has been submitted to the Supreme Court of India, raising serious allegations against the Indian Government. According to the petition, 43 Rohingya refugees, including minors, elderly people, and individuals suffering from severe health conditions like cancer, were allegedly deported to Myanmar by being abandoned in international waters.

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The matter is currently being heard by a Supreme Court bench comprising Justice Surya Kant, Justice Dipankar Datta, and Justice N Kotiswar Singh. The petitioners claim that on May 7, several refugees holding United Nations High Commission for Refugees (UNHCR) cards were detained late at night and deported, despite the matter being scheduled for hearing.

On May 8, the Court was informed of this deportation. Solicitor General Tushar Mehta referred to an order dated April 8, 2021, which allowed the deportation of foreign nationals in accordance with the law. However, the Court listed the matter for further hearing on July 31 without passing any interim directions.

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The petition, filed by two Rohingya refugees in Delhi, describes a disturbing sequence of events. It claims that Delhi Police officers initially detained the refugees under the pretext of collecting biometric data. They were then taken in vans and buses and held in police stations for 24 hours. Later, they were shifted to the Inderlok Detention Centre in Delhi and eventually flown to Port Blair. There, they were allegedly forced onto naval ships with their hands tied and blindfolded.

"To the utter shock of their families, the detainees were not released after biometric collection. Instead, they were transported to airports, flown to Port Blair, and forcibly placed on naval ships with their hands tied and eyes blindfolded," the petition stated.

The petition further alleges that officials asked the detainees if they preferred to be sent to Myanmar or Indonesia. Fearing for their lives, they requested to be sent to Indonesia. However, they were allegedly misled and abandoned in international waters with false assurances of rescue. The refugees had to swim to a nearby shore using life jackets, only to discover they had reached Myanmar.

The petitioners also claimed that children were separated from their mothers, and families were torn apart during this deportation process.

The petitioners have urged the Supreme Court to declare the alleged "forced and clandestine" deportation of the Rohingyas as unconstitutional. They also seek an order directing the Union of India to immediately arrange for the return of the deported refugees to New Delhi and release them from custody.

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The petition further requests that Rohingya refugees holding UNHCR cards should not be arrested or detained and should be treated with dignity and respect. Additionally, they seek ₹50 lakh compensation for each deportee and the resumption of issuing residency permits to UNHCR cardholders under India’s Domestic Refugee policy.

The petitioners emphasized that although India is not a signatory to the 1951 UN Refugee Convention, the principle of non-refoulement (which prohibits the return of refugees to a country where they may face danger) has been recognized in several judicial decisions.

Case Details: MOHAMMAD ISMAIL vs. UNION OF INDIA|Diary No. - 25892/2025