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DEPORTATION OF ROHINGYAS TO MYANMAR SHOULD BE DONE AS PER THE PROCEDURE: SUPREME COURT

Team SoOLEGAL 9 Apr 2021 3:17pm

DEPORTATION OF ROHINGYAS TO MYANMAR SHOULD BE DONE AS PER THE PROCEDURE: SUPREME COURT

On 8 April 2021, the Hon’ble Supreme Court pronounced an order against the plea of releasing detained Rohingyas. Around 150 Rohingyas were detained from different parts of Jammu and Kashmir and they were kept in Kathua Sub-Jail. A PIL was filed by Mohammad Salimullah when the Union Territory Administration said that the deportation to the parent country would be initiated.

The petition  was heard by the Hon’ble Supreme Court’s bench  comprising  Chief Justice SA Bobde and Justices AS Bopanna and V Ramasubramanian. On 26 March the Supreme Court reserved the judgment and on 8th April, the order was pronounced. The petition asked for some relief and release of the Rohingyas detained. The petition put up a plea to delay the deportation process.  It also put a plea to delay the process of deportation of the detainees. 

The Hon’ble Apex Court dismissed the petition observing that there is no scope of interim relief in this case but the court stated that proper procedure should be followed by the Indian Government, Jammu, and Kashmir Administration and Security Forces to deport the detainees to their parent country. 

Advocate Prashant Bhushan from the side of the petitioners put an argument that Myanmar the parent country of the detained Rohingyas is currently governed by a military government and the people there is under threat. The Rohingya Muslims were ill-treated there and thus they fled away. Sending them back there would be handing them over to the danger and that is against the International humanitarian law, as the children there are being sexually assaulted and so on. 

To this, the Supreme Court stated that “India cannot be a capital for all illegal migrants of the world”. The CJI also added that “Possibly that is the fear that if they go back to Myanmar, they will be slaughtered. But we cannot control all that. We are not called upon to condemn or condone genocide. We are certain that there should be no genocide in earth.”



Tagged: Supreme Court   Jammu and Kashmir   Union Territory Administration   Chief Justice SA Bobde   Justice AS Bopanna   Justice V Ramasubramanian   Rohingyas   Indian Government   Advocate Prashant Bhushan   Myanmar   International humanitarian law  
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