TODAY -

Deporting Rohingyas a policy decision, Court mustn't interfere: Centre to SC
Source: The Sangai Express / Courtesy Deccan Chronicle - With inputs from PTI

New Delhi, September 18 2017: The Centre on Monday filed an affidavit in the Supreme Court over the Rohingya matter .

The apex court said that it will now hear the matter on 3 October at 2 pm .

In its affidavit to the apex Court, the Centre said the Rohingya Muslims are “illegal” immigrants in the country and their continuous stay posed “serious National security ramifications” .

The Centre’s affidavit, filed in the Supreme Court Registry, said the fundamental right to reside and settle in any part of the country is available to citizens only and illegal refugees cannot invoke the jurisdiction of the Supreme Court to enforce the right .

Earlier on Monday, a bench headed by Chief Justice Dipak Misra considered the statement of Additional Solicitor General Tushar Mehta, representing the Centre, that the reply would be filed later on Monday and fixed the PIL challenging the deportation of Rohingyas for hearing on October 3 .

“As evident from the Constitutional guarantee flowing from Article 19 of the Constitution, the right to reside and settle in any part of the territory of India as well as right to move freely throughout the territory of India is available only to the citizens of India… No illegal immigrant can pray for a writ of this Court which directly or indirectly confer the fundamental rights in general…,” the affidavit filed by the Ministry of Home Affairs said .

The Centre said the Rohingya refugees were illegals and their continuous stay pose a grave security threat .

“It is submitted that continuance of Rohingyas’ illegal immigration into India and their continued stay in India, apart from being absolutely illegal, is found to be having serious National security ramifications and has serious security threats,” it said .

In its affidavit to the apex Court, the Centre said, “The total number of such illegal immigrants into our country would be more than 40,000 approximately as on date.”
It said, “As far as Rohingyas are concerned they claimed to have entered from Myanmar using porous border between India and Myanmar.” The Centre said that it has contemporaneous from security agencies inputs indicating links of some unauthorised Rohingyas with Pakistan terror organisations .

The Centre said some Rohingyas were indulging in illegal /anti National activities i.e.mobilisation of funds through hundi/hawala channels, procuring fake Indian identities for other Rohingyas and also indulging in human trafficking .

The Government said it may file in sealed cover the details of the security threats and inputs gathered by the various security agencies in this matter .

The Centre said that since India is not a signatory to the Convention Relating to the Status of Refugees, 1951, the obligations concerned to non-refoulement is not applicable .

“That the provisions of Convention Relating to the Status of Refugees, 1951 and Protocol Relating to the Status of Refugees, 1967 cannot be relied upon by the petitioner since India is not a signatory of either of them.

It is respectfully submitted that the obligation concerning the prohibition of return/non-refoulement is a codified provision under the provisions of 1951 Convention referred to above .

“It is submitted that this obligation is binding only in respect of the States which are parties to the Convention.

Since India is not a party to the said Convention, or the said Protocol, the obligations contained therein are not applicable to India,” it said.

The bench, also comprising Justices AM Khanwilkar and DY Chandrachud, did not issue notice to the National Human Rights Commission (NHRC), which is already seized of the matter and had on August 18 issued notice to the Centre.

The plea, filed by two Rohingya immigrants, Mohammad Salimullah and Mohammad Shaqir, who are registered refugees under the United Nations High Commission of Refugees (UNHCR), claimed they had taken refuge in India after escaping from Myanmar due to widespread discrimination, violence and bloodshed against the community there .

The violent attacks allegedly by Myanmarese armymen have led to an exodus of Rohingya tribals from the western Rakhine State in that country to India and Bangladesh.

Many of those who had fled to India after the earlier spate of violence, were settled in Jammu, Hyderabad, Haryana, Uttar Pradesh, Delhi-NCR and Rajasthan .

The plea said that India has ratified and is a signatory to various conventions that recognise the Principle of “Non-Refoulement’, which prohibits deportation of refugees to a country where they may face threat to their lives.

The Government has recently raised “serious concern” over reports of renewed violence and attacks in Myanmar and extended its “strong” support to the Myanmarese Government at this “challenging moment” .


* Comments posted by users in this discussion thread and other parts of this site are opinions of the individuals posting them (whose user ID is displayed alongside) and not the views of e-pao.net. We strongly recommend that users exercise responsibility, sensitivity and caution over language while writing your opinions which will be seen and read by other users. Please read a complete Guideline on using comments on this website.




LATEST IN E-PAO.NET
  • Zeliangrong orphaned by Nationalism #2
  • General Thangal Eco Park : Gallery
  • Letter to President on Crisis at MU
  • Precision medicine & life sciences
  • Black topping-can ground leveling be behind
  • Condemns security force intrusion in MU
  • Developer wanted at LMP, Konjeng Leikai
  • AR gears up for International Yoga Day
  • NPF rejoinder to NDPP : 20 June
  • Rejoinder by Dr. Shurhozelie : 20 June
  • For a little bit more
  • Deadline of 5 days time set : MU crisis
  • Garlic Festival @Ukhrul #4 :: Gallery
  • Flood in Imphal [14 June] #3 : Gallery
  • Inungshi, Gaichanglungliu :: eMing
  • Taking 'Hau' Music to Rest of World
  • Kakching bags cleanest city in NE Award
  • JRF (Junior Research Fellow) at IBSD
  • Oxfam India launches emergency response
  • VC, MU - Resign immediately :: MUTA
  • Inner Line Permit (ILP) Demand :: Timeline
  • Translation of ancient Manipur texts begin
  • Pre Yoga Capsule organized
  • NDPP Rejoinder on 19 June
  • NPF Youth Wing Rejoinder on 19 June
  • Favouring digital govt : still a Virtual dream
  • June 18 Anniv : Consult all stakeholders
  • Great June Uprising @Kekrupat #1 : Gallery
  • Binota Thokchom at BRICS Young Scientist
  • The Merger of Manipur
  • Improving school management in Manipur
  • Pros & cons of screening tests
  • NPF Rejoinder on 18th June
  • Nagaland CM statement on Aboi ambush
  • June 18 significance: Still living on prayer
  • Need to identify one's strength
  • 18 Immortal Souls Remembered : Flash
  • The Great June Uprising : Read all about it
  • The Pitfalls of Identity Politics
  • Naga Peace Process :: News Timeline
  • All his sons :: Poem
  • Citizenship (Amendment) Bill, 2016
  • Eid bring cheer in flood hit areas
  • Willong Khullen, Maram #1 : Gallery
  • Eyek Tamba :: Learn Manipuri script
  • Defending the environmental defenders
  • Delusion in self - cause of worry
  • Road to Russia: FIFA World Cup
  • It must be love :: Poem
  • 'Future of Naga people is bleak'
  • Give a miss call to Amnesty
  • 'Naga area' bandh on June 18
  • Dzuko valley #4 :: 360 Panorama View
  • Flood in Imphal [14 June] #2 : Gallery
  • Id-Ul-Fitr Festival
  • Letter to PM Modi on Naga Talks
  • Greetings on Eid-Ul-Fitr
  • Rejoinder to NPF statement
  • Rejoinder to Nagaland Chief Minister
  • Flood relief continue on 3rd day
  • India-Vietnam Youth Dialogue 2018
  • MU debacle: Why would it be left unnoticed
  • Spirit of World Cup : Brazil to Russia
  • NEC to come under Home Ministry
  • Manipur NGO hosts summit on LGBTQ
  • Flood in Imphal [14 June] #1 : Gallery
  • Women Struggle in Self-Determination
  • 14 June- World Blood Donor Day
  • Naga Integration not possible- NPF react
  • Naga Integration is not possible- CM Rio
  • Relief work in flood affected areas
  • A day which keeps our spirit alive
  • Ranked 320 in the country : MU
  • Flood in Imphal [13 June] #2 : Gallery
  • Sovereignty Struggles in Northeast #5
  • Be alert: It's admission time
  • Yin and Yang
  • Watermelon beauty benefits
  • Temp accommodation for Aligarh students
  • Wrath of Mother Nature: Why challenge..
  • 60 pc is no longer first class : 95 pc
  • Flood in Imphal [13 June] #1 : Gallery
  • Sanamahi Laihui & Sanamahi Laining
  • Kuhi- Essential plant for Nungbi pottery
  • Climate justice is integral to development
  • The bridge :: Poem
  • Lt S Vijaya Devi felicitated
  • Then : Indifferent :: Now : Hyper sensitive
  • Phumdigi Tantha : Dance Drama : Gallery
  • Grief at Xavier Rutsa's demise
  • Modi's India: A descend into Ochlocracy
  • The Philippine Experience
  • Cry of a Dying River #33 :: Poem
  • Community Iftar at Moijing, Cachar
  • Candle Light at DU over Assam lynching
  • Demand replacement of Manipur Univ VC
  • The Tragedy of Higher education
  • Unacceptable points spelt out
  • Teinem Luira Phanit @Ukhrul #3: Gallery
  • RPL-PMKVY trainees @Hojai : Gallery
  • Manipur Sports University in UP ?
  • Coloniality of the Postcolonial
  • Yellow leaves in the autumn :: Poem
  • Prof N Irabanta-distinguished academician
  • Leadership matters
  • Artificial turf for budding talents
  • 2 municipal bodies in NE awarded
  • Who is Arambam Somorendra ?
  • Manglandasu Nang - OST :: e-pao Radio
  • Shirock 2018 - Shirui Lily Fest #3 : Gallery
  • Linthoi's "The Tales of Kanglei Throne" #2
  • Grass root challenge- Education in hills
  • Earth does not belong to us...
  • Sita Mata as test-tube baby
  • What happen to VIP Culture Mr. CM
  • Merchants of education
  • Laitonjam Rajnikanta : Profile
  • A blessing to see :: Poem
  • Sovereignty Struggles in Northeast #4
  • Difference between Hinduism & Hindutva
  • How to choose the perfect fragrance
  • Iftaar party at Lilong
  • Bitter truth of Manipuri society
  • MU, NSU, IGNTU : Students at the centre
  • Amuktang-Ga Haikho #1 : eRang
  • Sangai Veterans' Football #2 : Gallery
  • Pony : A Cavalry Horse Par Excellence #2
  • Issues that keep Manipur burning
  • Cry of a Dying River - 32 :: Poem
  • CM & AR interaction with villagers
  • Certification of PMKVY trainees of Hojai
  • Christian appeals for Peace in Shillong
  • How safe are our women?
  • Riders put up by JAC for talk
  • Khangkhui Cave in Ukhrul #3 : Gallery
  • Pluralism, Democracy & Ethnic Relation #2
  • Irom Sharmila meets with Mehbooba Mufti
  • JRF @ Mizoram University (Biotechnology)
  • Tobacco and heart disease
  • Understanding SOWA - RIGPA #2
  • Campaign "to End Child Sexual Abuse"
  • Implementation of 7th Pay
  • Indigenous street vendor sing gi wafam
  • The crumbling Manipur University
  • Kang Tournament @ Yaiskul : Gallery
  • Zeliangrong orphaned by Nationalism #1
  • A rainy night :: Poem
  • HSLC Exam is the start! What next?
  • 1528 cases of fake encounter
  • Linthoi's "The Tales of Kanglei Throne" #1
  • Handloom Weaver @Bishnupur : Gallery
  • Shirock 2018 - Shirui Lily Fest #2 : Gallery
  • Hinduism in Manipur : Political Perspective
  • All the World and his Wife :: Poem
  • Tribal Cultural Festival #1 : Gallery
  • Women in CCpur turn to self-help groups
  • Purul Paoki Wrestling : Gallery
  • Sangai Veterans' Football #1 : Gallery
  • Khangminashi IV (Lecture) : Report
  • Seminar at MU - Hinduism in Manipur'
  • Evolution of The Meetei State
  • Heartbreak at Ukhrul: Unfolding Shirock
  • State Level Khurpui-Lam Festival: Gallery
  • June Calendar for Year 2018 :: Tools
  • School Girls Basketball #2 : Gallery
  • Where is Manipur....???
  • 'Manipur' in Google maps : Gallery
  • The Killing Fields - 2013-18 : News Timeline
  • Mama Poktabi :: Funga Wari
  • Veterans Football Tournament #2 : Gallery
  • Shirock 2018 - Shirui Lily Fest #1 : Gallery
  • Sougrakpam Vijaya makes history sailing...
  • Arunachali unfurled Salai Taret at Mt Everest
  • Panthoiba: 2nd Rank- class XII, Uttarkhand
  • Ras Leela @JNMDA Day : Gallery
  • HSLC 208 Exam Toppers : Gallery
  • HSLC 2018 :: Toppers Listing
  • HSLC 2018 :: Check Result
  • HSLC :: Statistical/Subject Topper
  • HSLC 2018 :: External
  • Poumai Purul Hiimai Paoki #2 : Gallery
  • Kakching Garden :: 360 Panorama View
  • Folk Dance Festival #5 : Gallery
  • Aerial view from Chingmeirong : Gallery
  • Curtain Raising- Sangai Fest 2017: Gallery
  • Lainingthou Lai Lam thopka #2 : Gallery
  • Re-visiting Khangkhui caves in Ukhrul
  • Gardening @Ema Keithel #2: Gallery
  • Front Page Photo 2018 #2: Gallery
  • Pakhangba Cheng Hongba #2 : Gallery
  • Steelheart @ Shirock , Ukhrul #3 : Gallery
  • A. Halim Chowdhury: A Profile
  • Class XII Exam Toppers : Gallery
  • Class XII Result : Science Toppers
  • Class XII Result : Arts Toppers
  • Class XII Result : Commerce Toppers
  • HSE Result 2018 : District Wise
  • HSE Result 2018 : Highest Marks
  • HSE Result 2018 : Science Stream
  • HSE Result 2018 : Arts Stream
  • HSE Result 2018 : Commerce Stream
  • Temples of Manipur : Gallery
  • Recipients of Akademi Awards for 2014
  • Old Manipuri Movie #1 :: eRang Classic