India can’t become capital of illegal migrants: Govt on Rohingyas’ deportation
https://timesofindia.indiatimes.com...ies-move-on-rohingya/articleshow/81716923.cms
NEW DELHI: The Centre on Friday told the Supreme Court that India could not be the capital of illegal migrants from across the world, while justifying the detention of Rohingya Muslims in Jammu for proposed deportation to Myanmar.
The Centre also said it was not within the court’s “domain to dictate” to the Centre about its foreign relations. The court was hearing the plea of a Delhi-based Rohingya Muslim, who had earlier unsuccessfully sought its intervention to stop deportation of his brethren from Assam, citing genocide in Myanmar.
Advocate Prashant Bhushan, who was representing the person, read out a judgment of the International Court of Justice indicting the Myanmar military junta for alleged genocide of Rohingya in Rakhine province since 2016-17.
“When we know that they face extermination in Myanmar at the hands of the military, which has now usurped power through a coup, how could India not respect the right to life and human rights of Rohingya and push them into Myanmar?” he asked. The UN special rapporteur too wanted to intervene in support of Bhushan’s client and pointed out that conventions bound India to provide shelter to the persecuted Rohingya.
But solicitor general Tushar Mehta for the Centre and senior advocate Harish Salve for J&K opposed the rapporteur’s intervention and convinced the bench led by CJI S A Bobde not to hear the rapporteur’s counsel CU Singh, who insisted on assisting the court. Bobde said, “You can assist when we seek it. At present, we do not want to hear you.”
Mehta and Salve said India was not a signatory to the Refugee Convention and hence, Bhushan’s argument of non-refoulement did not hold legal weight. Mehta said, “The MHA in an affidavit has told SC that continued stay of Rohingya Muslims from Myanmar in India is absolutely illegal and has serious national security ramifications.”
When Bhushan alleged that detention of 150 Rohingyas in Jammu was illegal and so was the proposal for their deportation, Mehta said the government was proceeding in accordance with the Foreigners Act and it would not deport anyone unless Myanmar confirmed their identity as their citizen. Bhushan said India should not believe what Myanmar says as that country had been indicted by the ICJ for genocide of Rohingya.
Mehta and Salve said, “It is not within the domain of the SC to dictate to the government of India as to what kind of relationship or trust it should have with other nations.”
The bench agreed. It reserved its order on the application argued by Bhushan.
https://timesofindia.indiatimes.com...ies-move-on-rohingya/articleshow/81716923.cms
NEW DELHI: The Centre on Friday told the Supreme Court that India could not be the capital of illegal migrants from across the world, while justifying the detention of Rohingya Muslims in Jammu for proposed deportation to Myanmar.
The Centre also said it was not within the court’s “domain to dictate” to the Centre about its foreign relations. The court was hearing the plea of a Delhi-based Rohingya Muslim, who had earlier unsuccessfully sought its intervention to stop deportation of his brethren from Assam, citing genocide in Myanmar.
Advocate Prashant Bhushan, who was representing the person, read out a judgment of the International Court of Justice indicting the Myanmar military junta for alleged genocide of Rohingya in Rakhine province since 2016-17.
“When we know that they face extermination in Myanmar at the hands of the military, which has now usurped power through a coup, how could India not respect the right to life and human rights of Rohingya and push them into Myanmar?” he asked. The UN special rapporteur too wanted to intervene in support of Bhushan’s client and pointed out that conventions bound India to provide shelter to the persecuted Rohingya.
But solicitor general Tushar Mehta for the Centre and senior advocate Harish Salve for J&K opposed the rapporteur’s intervention and convinced the bench led by CJI S A Bobde not to hear the rapporteur’s counsel CU Singh, who insisted on assisting the court. Bobde said, “You can assist when we seek it. At present, we do not want to hear you.”
Mehta and Salve said India was not a signatory to the Refugee Convention and hence, Bhushan’s argument of non-refoulement did not hold legal weight. Mehta said, “The MHA in an affidavit has told SC that continued stay of Rohingya Muslims from Myanmar in India is absolutely illegal and has serious national security ramifications.”
When Bhushan alleged that detention of 150 Rohingyas in Jammu was illegal and so was the proposal for their deportation, Mehta said the government was proceeding in accordance with the Foreigners Act and it would not deport anyone unless Myanmar confirmed their identity as their citizen. Bhushan said India should not believe what Myanmar says as that country had been indicted by the ICJ for genocide of Rohingya.
Mehta and Salve said, “It is not within the domain of the SC to dictate to the government of India as to what kind of relationship or trust it should have with other nations.”
The bench agreed. It reserved its order on the application argued by Bhushan.
