Rohingya: "Our Constitution is based on Individual Rights, not Group Rights", Fali Nariman

Team SoOLEGAL 3 Oct 2017 5:12pm


In the Rohingya deportation matter before the Supreme Court, Senior Advocate Fali Nariman today argued against the submissions made by the Central government in its counter affidavit.

The matter was heard by a Bench of Chief Justice of India Dipak Misra and Justices AM Khanwilkar and DY Chandrachud at 2 pm today.

Referring to the argument made by the Centre on the justiciability of the petition, Nariman said,

“Union of India in its affidavit has raised the issue of justiciability. Articles 21 and 14 are available to all persons. Since they have questioned the justiciability, my learned friend (ASG Tushar Mehta) should argue this.”

Nariman further submitted that the Constitution of India is based on individual rights, and that Union government is making an argument to the contrary for the first time.

“Our Constitution is not based on Group Rights like the French Constitution, it is based on Individual Rights. Union of India has always tried to advance Refugee rights. It is making such an argument for the first time.”

The veteran Senior Advocate also referred to the United Nations Declaration on Human Rights and the New York Convention to buttress his arguments.

Additional Solicitor General Tushar Mehta said that he will rebut every argument made by the petitioners, while stating that these decisions are executive policies which are to be decided on a case to case basis.

The Court proceeded to adjourn the matter for October 13, when the Centre will argue its case in detail.

A few weeks ago, the Centre had filed an affidavit in the matter making clear its intention to deport the 40,000-odd Rohingya Muslims currently residing in India. The Centre had argued in the affidavit that the issue was a matter of executive policy and that the courts could not interfere with the same.

Source: Barandbench

Tagged: Rohingya deportation   Dipak Misra   Advocate Fali Nariman  
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