The Supreme Court on Friday decided to give a holistic hearing to the matter concerning Rohingya immigrants, saying the issue was of a great magnitude and a balance has to be struck between national interest and human rights.
A three-judge bench presided over by Chief Justice Dipak Misra suggested to the Union government to not deport Rohingya Muslims, who have taken shelter in the country fearing persecution in Myanmar, but Additional Solicitor General Tushar Mehta prevailed over the court.
He said it should not be put down in the order as anything coming on record would have international ramifications.
"As the hearing is likely to take some time, we intend to devote certain clear days for the purpose of hearing. Let the matter be listed for further hearing on November 21, 2017. Fali S Nariman submits that in case of any contingency, he will approach this court," the bench, also comprising Justices A M Khanwilkar and D Y Chandrachud, said in its order.
Senior advocate Nariman, representing refugee Mohammad Salimullah and another, said all Rohingyas, be it Muslims or Hindus, are not terrorists and the government cannot pass a "blanket order".
"This is a issue of great magnitude. Therefore, the state has a big role. Children and women do not know anything about it. As a constitutional court, we cannot be oblivious to it. We expect that the executive will not be oblivious to it," the bench said.
At one stage, the court also told government counsel, "Do not deport. You take action if something wrong is found."
But Mehta insisted, "There are international ramifications. As an executive, we understand our role in this."
Clarifying that it would not go by any emotional problem, the bench said, "We also understand the problem. The question is how to strike a balance between national security and interests of women and children".
A three-judge bench presided over by Chief Justice Dipak Misra suggested to the Union government to not deport Rohingya Muslims, who have taken shelter in the country fearing persecution in Myanmar, but Additional Solicitor General Tushar Mehta prevailed over the court.
He said it should not be put down in the order as anything coming on record would have international ramifications.
"As the hearing is likely to take some time, we intend to devote certain clear days for the purpose of hearing. Let the matter be listed for further hearing on November 21, 2017. Fali S Nariman submits that in case of any contingency, he will approach this court," the bench, also comprising Justices A M Khanwilkar and D Y Chandrachud, said in its order.
Senior advocate Nariman, representing refugee Mohammad Salimullah and another, said all Rohingyas, be it Muslims or Hindus, are not terrorists and the government cannot pass a "blanket order".
"This is a issue of great magnitude. Therefore, the state has a big role. Children and women do not know anything about it. As a constitutional court, we cannot be oblivious to it. We expect that the executive will not be oblivious to it," the bench said.
At one stage, the court also told government counsel, "Do not deport. You take action if something wrong is found."
But Mehta insisted, "There are international ramifications. As an executive, we understand our role in this."
Clarifying that it would not go by any emotional problem, the bench said, "We also understand the problem. The question is how to strike a balance between national security and interests of women and children".
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