No Rohingya Muslim refugee should be deported until November 21

Strike balance between national and humanitarian interest SC on Rohingya issue

During the brief hearing, the bench suggested to the Centre not to deport the Rohingya Muslim refugees, but Additional Solicitor General (ASG) Tushar Mehta requested that it should not be written in the order as anything coming on record will have an global ramification.

The bench, also comprising Justices A M Khanwilkar and D Y Chandrachud, said it will hear in details various aspects of the matter including the Centre's preliminary objection that the issue fell under the domain of the executive and hence was "not justiciable".

The Rohingya refugees, a persecuted community of Muslims from Myanmar have fled the country in large numbers. They are largely located in Jammu, Hyderabad, Haryana, Uttar Pradesh, Delhi-NCR and Rajasthan. The ASG said that the Rohingya issue involves worldwide ramifications.

Thousands of Rohingya Muslims have fled Myanmar. India also told the United Nations Human Rights Council that the prevailing situation in Myanmar's Rakhine state should be handled with "restraint" and focus on the "welfare of the civilian population".

"The government is constitutionally obligated to protect threatened groups of foreign nationals".

In response to a petition moved by two refugees challenging the deportation, the government told the top court that many Rohingya refugees have links with the Islamic State and Pakistan's spy agency ISI. "This is simply not the case and the evidence to support these assertions have not held up", read the letter.

"If any refugees or asylum seekers are found to be engaging in criminal activities, they must be prosecuted in accordance with due legal processes". In an open letter, 51 prominent names including Congress MP Shashi Tharoor, former home minister P Chidambaram, former Union home secretary G K Pillai among others, observed that as an aspiring global leader, India can not afford to adopt a "shortsighted approach".

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