Rohingya refugees have links with Pak based terror outfits; threat to national security: Central government to Delhi High Court

The Central government has told the Delhi High Court that as per inputs from security agencies and other authentic material, Rohingya refugees living in India have links with Pakistan-based terror outfits and their large influx poses serious security concerns [Senoara Begum & Ors v Union of India & Anr]. .In an affidavit filed before the High Court, the government has stated that there is an organised influx of illegal migrants from Myanmar through agents and touts via Benapole-Haridaspur (West Bengal), Hilli (West Bengal), Sonamora (Tripura), Kolkata and Guwahati which is “seriously harming the national security of the country”..The affidavit filed by the Foreigners Regional Registration Office (FRRO) states that due to an already existing large influx of illegal immigrants from the neighbouring countries, the demographic profile of some of the bordering States has already undergone significant and serious changes.This is already causing far-reaching complications in various contexts and is taking its toll and has a direct detrimental effect on the fundamental and basic human rights of India's own citizens, the affidavit says. “It is respectfully submitted that India is already saddled with a very serious problem of illegal migrants and is attempting to address this situation in the larger interest of the nation and keeping the national resources of the Country, requirements of India's own population, the national security concerns of India and several other facts in consideration which are based upon objective facts derived from empirical data which are in the knowledge and contemporaneous record of the Central Government,” the government has submitted..The Centre’s response came on a petition by a Myanmarese woman Senoara Begum and her three minor children challenging the Ministry of Home Affairs (MHA) and FRRO’s decision refusing their exit permit applications to leave India and travel to the United States.Senoara Begum had told the court she is not a Rohingya.Her plea said that she and her husband, Nurul Amin, are victims of persecution in their home country, Myanmar and escaped to India from there. After resettling in a Bangladesh refugee camp, they got married to each other in the year 2004..As Amin was able to move to the US in 2015, get the country’s citizenship and even secure permanent residence visas for the petitioners, he is now making efforts to get his family there as well.But when the petitioner and her children came to India from Kutupalong Refugee camp in Bangladesh and applied for exit permit, the authorities asked them to submit a 'No Objection Certificate' (NOC) including their identity from the embassy of Myanmar and an affidavit regarding their recent travel.The family submitted that they are ‘stateless’ people and can’t get the NOC and identities..The government, however, has maintained that its action is strictly in accordance with law and within the sovereign powers of the country to protect its sovereignty and security.The affidavit states that granting exit to illegal migrants to a third country would be totally against the existing guidelines and there is no binding obligation on the Government of India through any international convention/ treaty for the same. “It is an explicit policy of Government of India that such illegal foreigners must be deported back to their country of origin subject to their nationality verification in consultation with Ministry of External Affairs,” it has been submitted. .The reply states that FRRO had sent a letter dated September 15, 2022 to the Ministry of External Affairs which would forward their request to the Embassy of Myanmar to verify the nationality of petitioners.After verification of nationality, the Myanmar embassy will issue a certificate of identity which will be treated as a travel document after which arrangement will be made for expeditious repatriation of the foreigners to their native country, the Court has been told..The Union government has also argued that India is a country with a large population, surplus labour force, and complex social, cultural/economical infrastructure.Providing facilities/ privileges to illegal immigrants out of the existing national resources would have a direct adverse impact upon Indian citizens as it would deprive the Indian citizens of their legitimate share in the employment sector, subsidized housing, medical and educational facilities and would thereby culminate in hostility towards immigrants resulting in an social tension and law and order, the Centre has said.“It is further submitted that so far as India is concerned, national security considerations rank the highest on country's list of priorities given a geopolitical influence in the region and its vulnerability to mass border infiltrations due to the porous nature of its border which our country shares with many countries.”.Advocates Sanbha Rumnong, Jaiwant Patankar and Lija Merin John are representing the petitioners.