[Breaking] Rohingya refugees can be deported after following proper procedure: Supreme Court

The Supreme Court on Thursday refused to give any relief against deportation of Rohingya refugees settled in Jammu & kashmir to their home country Myanmar stating that the same can be done after following proper procedure (Mohammad Salimullah v. Union of India). .The Bench of Chief Justice of India SA Bobde and Justices AS Bopanna and V Ramasubramanian passed the order in a plea filed by Mohammad Salimullah, a Rohingya refugee himself seeking directions to release over 150 Rohingya refugees and also to refrain from deporting them. ."It is not possible to grant the interim relief prayed for.However, it is made clear that the Rohingyas in Jammu, on whose behalf the present application is filed, shall not be deported unless the procedure prescribed for such deportation is followed. Interlocutory Application is disposed of accordingly," read the order..Regarding the contention raised regarding the present state of affairs in Myanmar, the top court stated that it "cannot comment upon something happening in another country.".The Court further stated that while fundamental rights guaranteed under Articles 14 and 21 are available to all persons who may or may not be citizens, "but the right not to be deported, is ancillary or concomitant to the right to reside or settle in any part of the territory of India guaranteed under Article 19(1)(e).".The plea filed through advocate Prashant Bhushan had sought a direction to the Union Ministry of Home Affairs to expeditiously grant refugee identification cards to Rohingyas housed at informal camps through the Foreigners Regional Registration Office (FRRO)..The plea prayed for protection of the refugees' rights guaranteed under Article 14 and Article 21, read with Article 51(c) of the Constitution. It was stated that the Rohingyas took refuge in India after escaping widespread violence and discrimination against their community in Myanmar..The Central government through Solicitor General Tushar Mehta had opposed the plea, contesting the claim of the petitioner that they are refugees."They are not refugees at all. This is the second round of litigation. This petitioner had filed an application (before) and it was dismissed," Mehta said.Mehta added that they are illegal immigrants who will be deported as per the procedure established by law."They are illegally immigrants. We are always in touch with Myanmar and if they confirm, then they can be deported," Mehta maintained..The petitioner however, argued that Union government should refrain from implementing any orders on deporting the Rohingya refugees, who have been detained in Jammu.“There is a military government in Myanmar now. Their life is under threat,” Bhushan had said during the mentioning of case earlier while requesting for an urgent hearing of the plea.."Mere fact that a country responsible for their fleeing wants wants them back cannot be a ground to send them back when we know they will subjected to risk. This is the principle of refoulement," Bhushan submitted..Interestingly, a Jammu-based NGO, Forum for Human Rights and Social Justice, also filed an application before the Supreme Court stating that the plea to stop the Rohingya deportation must not be entertained since the settlement of the Rohingyas in Jammu was "a part of a larger design" and an attempt to destabilise the country..The application by the NGO filed through Advocate Rajeev M Roy stated that settlement of illegal immigrants in Jammu "is a part of a nefarious and sinister design to change the delicate demography of the tense and internationally sensitive region of Jammu and Kashmir in order to further certain vested interests"..The top court had earlier refused to hear the UN Special Rapporteur in the case after the Centre expressed strong reservations against it. .The Court had referred to the objection raised by Senior Counsel Harish Salve, who was appearing on behalf of the Union Territory of Jammu & Kashmir."Please don't go into this. UN is not subject to your jurisdiction of the municipal Court. Our government has issues with the UN Special Rapporteur," Salve had said..Rohingya Deportation: Supreme Court refuses to hear United Nations Special Rapporteur after Union Territory of Jammu & Kashmir objects.[Read order]