After Rohingyas, Supreme Court Declines Relief To Sri Lankan Tamil Refugee, Says India Is “Not A Dharamshala”

The Supreme Court of India on Monday (19 May) declined to intervene in the continued detention of a Sri Lankan Tamil national, orally remarking that India cannot become a refuge for foreign nationals indefinitely, Live Law reported.

“Is India to host refugees from all over the world? We are struggling with 140 crore. This is not a Dharmshala that we can entertain foreign nationals from all over,” observed Justice Dipankar Datta, who headed the bench, also comprising Justice K Vinod Chandran.

The petitioner, convicted under the Unlawful Activities (Prevention) Act (UAPA), sought relief against a Madras High Court directive mandating his immediate departure from India upon completion of a seven-year sentence. He has remained in detention since pending deportation.

His counsel submitted that he had entered India legally on a visa and feared for his life if repatriated to Sri Lanka due to his prior association with the LTTE during the 2009 civil war.

He added that the petitioner’s wife, who suffers from multiple illnesses, and his son, who has a congenital heart condition, were settled in India.

Justice Datta, however, questioned the petitioner’s legal right to reside in India, “What is your right to settle here?” He clarified that the right to settle under Article 19 applies exclusively to Indian citizens, and no violation of Article 21 had occurred as the due legal process had been followed.

In response to the counsel’s plea regarding the threat to life in Sri Lanka, Justice Datta bluntly stated, “Go to some other country.”

The court’s decision aligns with its earlier stance in refusing to stay the deportation of Rohingya refugees.

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