'India not a dharamshala, struggling with 140 crore': SC rejects Sri Lankan's plea for refuge

New Delhi: The Supreme Court on Monday said India is already struggling with 140 crore population and made it clear that the country is not a dharamshala (free shelter), which can entertain refugees from all over the world.

A bench of Justices Dipankar Datta and Justice K Vinod Chandran asked if India is going to host refugees from all over the world, in an observation on the influx of refugees from nearby countries.

The court said it was not inclined to entertain a plea for refuge by a Sri Lankan national.

A counsel, representing the Sri Lankan Tamil, contended before the court that he had come to India with a visa and emphasised that his life was in danger in his home country.

“Is India to host refugees from all over the world? We are struggling with 140 crores. This is not a dharamshala where we can entertain foreign nationals from all over," the bench said.

The court also asked what is the petitioner's right to settle here.

The court was informed that his wife and children were settled in India and that he had been under detention for nearly three years now and the deportation process had not begun.

The bench noted the petitioner was taken into custody as per law and his detention does not violate Article 21, and also pointed out that Article 19 is available only to Indian citizens.

The counsel contended, going back to Sri Lanka is dangerous for the petitioner, and his life was danger in Sri Lanka. The bench told the counsel that the petitioner can move to any other country.

The Sri Lankan national was arrested in 2015 on suspicion of being linked to the Liberation Tigers of Tamil Eelam (LTTE), a terrorist organisation once active in Sri Lanka.

A trial court in 2018, convicted him under the Unlawful Activities (Prevention) Act and sentenced him to 10 years in jail.

The Madras High Court in 2022, reduced the ten-year term to seven years. The high court had asked him to leave the country as soon as his sentence was over and stay in a refugee camp before his deportation.