The Centre today apprised the Supreme Court that it would be filing during the day its response to a PIL challenging deportation of Rohingya Muslims to Myanmar. A bench comprising Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud considered the submission of Additional Solicitor General Tushar Mehta, representing the central government, that the counter affidavit would be filed today itself. PTI file photo
The Centre on Monday contended before the Supreme Court that illegal immigration of Rohingya has serious security ramifications.
Many of them have figured in the sinister design of ISI/ISIS and other extremist groups for their ulterior motives of communal flare-up and sectarian violence in sensitive areas, the Union government claimed.
“The continuity of Rohingya immigration and their stay here... will have a very serious adverse impact on the fundamental rights of Indian citizens to share the natural resources of the country,” the Ministry of Home Affairs said in an affidavit.
“Some of the Rohingya with militant background are also found to be very active in Jammu, Delhi, Hyderabad and Mewat, and have been identified as having a very serious and potential threat to the internal and national security of India,” it maintained. The deportation of immigrants will take place in a just and fair procedure established by law, it added.
The government also pointed out 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 a serious change, thereby causing the far-reaching complications with a direct detrimental effect on the fundamental and basic human rights of country’s own citizens.
The affidavit, clarifying the government’s stand, was filed after a three-judge bench presided over by Chief Justice Dipak Misra granted permission for it to Additional Solicitor General Tushar Mehta.
The court, which put the matter for consideration on October 3, said it would examine if it has jurisdiction to entertain a plea made by two Rohingya Muslims — Mohammad Salimullah and Mohammad Shaqir. It also refused to issue notice to the NHRC in the matter.
The petitioners, along with others, have challenged the government’s move to deport 40,000 Rohingya Muslims to their home country Myanmar.
Senior advocates F S Nariman, Kapil Sibal, Rajeev Dhawan, Colin Gonsalves, Ashwini Kumar and Prashant Bhushan appeared before the court to oppose the government’s decision.
Among other grounds, the government claimed that a “fragile north-eastern corridor” may become further destabilised in case of stridency of Rohingya militancy is allowed to continue.
The government also said many Rohingya have managed to avail the 12-digit Aadhaar and PAN cards through forged documents. It also expressed its readiness to give inputs from the security agencies and details gathered during other sensitive investigations right from 2012-13 in a sealed cover to support its contention.