India not capital of illegal immigrants: Centre to Supreme Court on Rohingya issue

The bench said that the court cannot refuse to recognise the sovereignty of another nation

The Centre on Friday opposed before the Supreme Court a plea against the detention of 150-170 Rohingyas at Jammu, saying that India is not the capital of illegal immigrants.

Advocate Prashant Bhushan contended before a bench presided over by Chief Justice S A Bobde that Rohingyas may face atrocities if they were deported to Myanmar, as the current military government in Myanmar was unfavourable to them.

“We are not in any way called upon to condone or condemn genocide in Myanmar, though we believe genocide anywhere is condemnable,” the bench told Bhushan.

Also read — SC reserves verdict on plea for immediate release of Rohingya refugees in Jammu

Solicitor General Tushar Mehta, representing the Centre, said Rohingyas, who had fled persecution in Myanmar to India, were deported only after confirmation of their nationality from the government of that country. “They are illegal immigrants…. once Myanmar confirms their nationality, then they will be deported,” Mehta clarified.

Bhushan asked the court not to deport Rohingyas back to Myanmar. To this, Mehta submitted, “India is not the capital of the immigrants of the world”. He pointed out that a strange pattern has been observed with the movement of Rohingya who illegally entered from border areas. “They entered from West Bengal and travelled all the way up to Jammu and Kashmir," he said.

Bhushan, for his part, contended how could a confirmation from a military government, which seized power in Myanmar through a coup, can be trusted for deportation.

The bench, however, said that the court cannot refuse to recognise the sovereignty of another nation.

Bhushan asked the court to hear the submission of the United Nations Special Rapporteur represented by senior advocate C U Singh. However, both the Centre and the Union Territory of Jammu and Kashmir, represented by senior advocate Harish Salve, vehemently objected. “We will not allow the United Nations Special Rapporteur to be heard today because there is serious objection,” said the bench.

Salve said treaties or conventions declined by the government cannot be elbowed through the courts and the UN is not subject to the jurisdiction of the municipal court.

Following a detailed hearing, the court reserved its order on the application filed by Mohammad Salimullah, a Rohingya refugee.