Above: Rohingya refugees look through a fence as they wait outside of aid distribution premises at a refugee camp. Photo: UNI

The Central government on Friday (October 13) received a major jolt from the Supreme Court regarding the Rohingya Muslim refugee deportation issue. While the government was in a tearing hurry to deport the Rohingyas who had arrived in India to escape inhuman persecution in their home country Myanmar, the apex court not only said that the government is not to deport any of them till the next date of hearing which is November 21, but also reminded it about its humanitarian responsibilities.

At court on Friday (October 13) senior counsel Fali S Nariman read the notice issued by the government on the issue of deportation of Rohingya immigrants.

He stated that India is a member of Commonwealth, and its Foreign Act, 1946, says that such notices and rules cannot be passed, because it is against the Act and against Commonwealth rules.

Additional Solicitor General Tushar Mehta requested an adjournment of the today.

The bench said there should be a humanitarian spectrum, “but we cannot make national security as a secondary issue. We cannot also ignore national interest. There are so many things that come under national interest, such as security interest, economic interest and other aspects”.

The bench then suggested that the government of India should not deport them (the refugees) as their children are surviving without food and security.

Mehta, speaking for the government insisted that there is no contingency. “We know how the international verification works. We cannot let them come, as we have to see our national security first,” he said.

Nariman will continue his submission on next date. The bench, however, said that it will not entertain any emotional arguments. The bench also said that the issue has to be debated and “don’t consider a debate as a judgment.”

—India Legal Bureau