Supreme Court on Friday reserved its order on a fresh plea seeking immediate release of detained Rohingya refugees in Jammu and restrain the Centre from implementing any order regarding deporting them to Myanmar.
A bench of the Apex Court, headed by the Chief Justice of India (CJI) Sharad Arvind Bobde reserved the order after hearing arguments from lawyer Prashant Bhushan, for the petitioner, and Solicitor General and other respective parties.
Prashant Bhushan argued before the Supreme Court, led by the CJI Bobde, that it was an order of the ICJ, issued on January 23, 2020, and it was issued on the instance of Gambia VS Myanmar, my lords can look at it.
This order was passed by a 15 judge bench of the International Court of Justice, Bhushan said and added that it is very relevant to the case.
Objecting to this, the Solicitor General (SG) Tushar Mehta, said that "What to do with those (refugees) who are in our country."
Bhushan said that the UN Fact-finding committee found the military of Myanmar guilty of human rights violations in Myanmar
The SG Mehta said that he is showing the problem which persists in Myanmar. What about India? We should talk about India, Mehta said.
The Solicitor General, Tushar Mehta said "India can't become the capital of illegal migrants."
Bhushan said the Children were subjected to killing, maiming and sexual exploitation.
In February, in Myanmar, there is a military coup in Myanmar, Bhushan said.
To this the CJI said, first of all, why you are invoking article 32 under the Indian Constitution in the case, the CJI asked Bhushan.
Article 32 is a right, guaranteed under the Indian Constitution and gives the rights to everyone for the enforcement of one's rights, Bhushan said.
I am seeking direction to the Jammu government to not deport these refugees staying there, to Myanmar, Bhushan said.
The SG Mehta said that there was also a similar kind of application in Assam and it was the same matter.
They wanted no Rohingya to be deported we said we will follow the law. They are illegal immigrants. We are always in touch with Myanmar and if they confirm so then they can be deported, Mehta said.
Many others, besides Myanmar refugees, are also illegally staying here in India on the names of Myanmar refugees, the SG Mehta said.
"It is a security issue (for us)," the SG Mehta said.
This Rohingya refugees case is not new and it is pending since last 4 years before the court, Bhushan said.
There is a genocide going on there (Myanmar), Bhushan said.
To this, the CJI said, We are certain that there would be no genocide on earth.
This country, (India) don't have and can't protect the lives of these people under Article 21 of the Indian Constitution, Bhushan submitted and questioned the Apex Court.
They are the people who flew from Myanmar to our country and they need to be protected, Bhushan said.
These people are rendered stateless, Bhushan said, and pleaded the Apex Court for a direction to the concerned authorities not to deport these refugees to Myanmar, Bhushan said.
The CJI asked Bhushan that today have you submitted any documents or proof to us that Rohingyas are being subjected to be killed or die in Myanmar.
Bhushan said yes and added that I would also like to request the Apex Court to consider and listen to the hearing and the submissions by senior lawyer Chander Uday Singh, who is arguing for the UN Special Rapporteur.
Senior lawyer, Harish Salve for Jammu govt, said that other states should have been impleaded like Jammu and Kashmir.
The International Court of Justice (ICJ) judgment was a provisional measure. We have opted out of any disputes with the commonwealth that will not go to the CJI. Even India and Pakistan disputes cannot go like this to the ICJ.
The lawyer, Bhushan had in his submissions om the SC sought immediate release of detained Rohingya refugees in Jammu and restrain the Centre from implementing any order regarding deporting them to Myanmar.
( With inputs from ANI )
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