Rohingyas have ISIS/Pakistan terror links, indulge in human trafficking: Centre’s affidavit in the SC

In response to the writ petition filed in the Supreme Court by the Rohingyas, the central government has filed an affidavit listing out reasons justifying the proposed deportation of the refugees from Myanmar..At the outset, the affidavit, filed by Joint Secretary (Foreigners) of the Home Ministry, VP Mittal, states that certain facts which have a bearing on national security are not averred therein. These facts, which include inputs from security agencies, will be submitted to the Court in a sealed cover..The primary stand of the Centre is that the issue falls within the domain of the Executive and the same cannot be interfered with by the courts. The Centre has also questioned whether the Court can issue a writ under Article 32 of the Constitution in favour of an illegal immigrant residing in India..Further challenging the jurisdiction of the apex court, the affidavit states that 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 under Article 19 is available only to the citizens..Moreover, the affidavit states that the rights of the citizens of India would be ultimately affected should the immigrants be allowed to stay on..“India, as a sovereign nation, has the first and the foremost constitutional duty and obligation towards its citizens to ensure that demographic and social structure of the country is not changed to their detriment, the resulting socio-economic problems do not occur to the prejudice of its citizens and most importantly resources of the nation are utilized to fulfil the fundamental rights of its own citizens and are not diverted to the detriment of the citizens of India due to the influx of illegal immigrants into the territory of India..… whenever the country faces a problem of influx of illegal immigrants, the Central Government, in exercise of its executive functions, takes policy decision depending upon several facts, parameters, diplomatic and other considerations, potential dangers to the nation etc….… When such decisions are taken to protect and preserve the fundamental rights of the citizens of the country and on consideration of various non-justiciable factors, this Hon’ble Court may not invoke its jurisdiction under Article 32 of the Constitution of India.”.Next, the affidavit addresses the issues relating to International Law raised in the petition. It is stated that India is not a signatory to the Convention Relating to the Status of Refugees, 1951 and Protocol Relating to the Status of Refugees, 1967 and is therefore, not bound by their provisions..On the principle of non-refoulement, it states,.“…the obligation concerning the prohibition of return/non-refoulement is a codified provision under the provisions of 1951 Convention referred to above…this obligation is binding only in respect of the States which are parties to the Convention..…while India is a party to the International Covenant on Civil and Political Rights, the scope of the said Covenant does not extend to the principles of nonrefoulement.”.It goes on to state that as per the provisions of Section 3 of the Foreigners Act, 1946, the Centre may effect the deportation of illegal immigrants..“Section 3(2)(c) in particular not only statutorily empowers but considering the intent, purpose and spirit of the entire Act, casts an obligation upon the Central Government to deport a person who is an illegal immigrant.”.As per the Supreme Court’s decision in Hans Muller of Nurenburg vs Superintendent, Presidency Jail, Calcutta & ors, the Centre has an “absolute, unfettered and unrestricted right” to expel illegal immigrants under the Act..At this point, the affidavit turns to the purported threat to national security the Rohingyas pose to India. It states,.“…so far as India is concerned, national security considerations rank the highest on country’s list of priorities given its geopolitical influence in the region and its vulnerability to cross border infiltrations due to the porous nature of its borders which our country shares with many countries.”.It is averred that some of the 40,000-odd Rohingyas residing in India have linkages to Pakistan-based terror outfits and ISIS. Moreover, according to the Centre’s intelligence, the Rohingyas are indulging in human trafficking..“It is observed by the Central Government that some Rohingyas are indulging in illegal/anti national activities i.e. mobilization of funds through hundi/hawala channels, procuring fake/fabricated Indian identity documents for other Rohingyas and also indulging in human trafficking.”.Another threat, the Centre states, is destabilisation of the north-eastern corridor..“…a fragile north-eastern corridor may become further destabilised in case of stridency of Rohingya militancy, which the Central Government has found to be growing, if permitted to continue. There is also a serious potential and possibility of eruption of violence against the Buddhists who are Indian citizens who stay on Indian soil, by the radicalized Rohingyas.”.The affidavit concludes thus:.“Providing facilities/privileges to illegal immigrants out of the existing national resources, apart from above referred direct threat to national security, would also 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 into an inevitable social tension and law and order problems. The fundamental rights of Indian citizens would, therefore, be seriously violated.”.The Centre has thus prayed that the Court decline to interfere in the policy decision of the government to deport the Rohingyas..Read the affidavit: