Supreme Court Denies Relief To Rohingya Migrants, Says Deportation Must Comply With Foreigners Act

In a ruling on 8 May, the Supreme Court declined to halt the reported deportation of illegal Rohingya Muslim migrants from Delhi, stating that if the individuals are identified as foreigners under Indian law, they must be deported, LiveLaw reported.

A bench comprising Justices Surya Kant, Dipankar Datta, and N Kotiswar Singh took up the matter. Senior Advocates Colin Gonsalves and Prashant Bhushan, appeared for the petitioners.

Gonsalves declared, “what happened was alarming,” labelling it “a complete overreach of the court,” and argued that the judiciary had protected the Rohingya community for over a decade.

Bhushan further noted, “Manipur recently filed an affidavit that Myanmar is not accepting these Rohingya refugees back because they are considered stateless citizens.”

Responding to queries from Justices Kant and Datta, Gonsalves and Bhushan clarified that UNHCR is a UN body operating in India for two decades.

Solicitor General Tushar Mehta countered that India is not a signatory to the Refugee Convention and reiterated the 2021 court position denying relief to detained Rohingyas.

Justice Datta, reflecting on the petitioners’ reliance on UNHCR cards, observed, “There was no denial that the petitioners cannot claim reliefs based on the UNHCR cards.”

While Bhushan argued that the Genocide Convention, ratified by India, must also be considered, Justice Kant emphasised the need for a final ruling: “If they have a right to stay here, that should be acknowledged, and if they don’t… they will follow the procedure and deport as per law.”

Justice Datta also remarked, "They (Rohingyas) are all foreigners and if they are covered by the Foreigners' Act, they will have to be dealt with as per the Foreigners' Act".

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