The Supreme Court on Tuesday sought a response from the Centre on a plea seeking the release of Rohingya refugees, who are alleged to have been illegally and arbitrarily detained in jails/detention centres or juvenile homes across the country.
The petitioner contended that the incarceration of the refugees is a violation of the fundamental right to equality before the law (Article 14) and the protection of life and personal liberty guaranteed under Article 21, available to all – citizens and others – under the constitution of India.
Issuing a notice to the Centre, a bench of Justice B R Gavai and Justice Prashant Kumar Mishra directed the listing of the matter after four weeks.
The plea by Priyali Sur – an independent multimedia journalist – sought a direction from the apex court to restrain the governments from arbitrarily detaining any Rohingya refugee for being an illegal immigrant or under the Foreigner’s Act.
Priyali Sur, in his plea, asserted that the continued detention of the Rohingya refugees is illegal and unconstitutional, violative of fundamental rights guaranteed under Articles 21 and 14 of the Constitution, guaranteed to all persons residing in India, citizens or otherwise.
The petitioner stated that these refugees from Myanmar have fled their country to escape genocide – a situation that has been recognised by the United Nations and the International Court of Justice as a crime against humanity.
Facing genocide in Myanmar and being stateless people, the Rohingya refugees have fled in waves since the violence began, to neighbouring countries, including India, says the petition by Priyali Sur.
Further, the Rohingya in India face “growing anti-Muslim and anti-refugee xenophobia” and live in constant fear of detention and even deportation back to the genocidal regime from which they fled, the petition states.