The Centre said that the illegal immigrants of Rohingya constitute a National Security threat and hence ordered all the State Governments to conduct biometric details of Rohingya refugees and to deport them to Myanmar. "The petition is dismissed", a bench comprising Chief Justice Ranjan Gogoi and Justices S K Kaul and K M Joseph said.
Earlier in the day, the Supreme Court rejected the plea made by one of the Rohingya refugees seeking to restrain the Centre from deporting them to Myanmar. Bhaskar Jyoti Mahanta, additional director general, Border Organisation called it a routine process and said that they had deported a Pakistani, an Afghani and 52 Bangladeshis recently.
The interim plea, seeking urgent measures to stop the proposed deportation of seven Rohingya, was filed on a pending PIL.
The Rohingyas, who fled to India after violence in the Western Rakhine State of Myanmar, are settled in Jammu, Hyderabad, Haryana, Uttar Pradesh, Delhi-NCR and Rajasthan. The Rohingyas were later lodged at a detention centre in Assam's Silchar.
In the petitioners's plea, Bhushan cited media reports on Union Home Minister Rajnath Singh asking all states to identify Rohingya in their territory so that they can be deported.
All the 7 Rohingyas reached Moreh in Manipur and have been later deported to Myanmar from the Moreh border out-post
This is for the first time Rohingya immigrants were sent back to Myanmar from India.
The decision comes as India's ruling Hindu nationalist Bharatiya Janata Party has escalated its rhetorical attacks on migrants who have entered the country illegally.
Mohammed Salimullah, a Rohingya in India who had challenged the government order in court, said India's decision to send the seven men to Myanmar was a shock. Under the 1982 Citizenship Law of Myanmar, they have been denied Myanmar citizenship as the Myanmar government claims that they are illegal immigrants from Bangladesh and since then they are stateless minorities. These 7 Rohingyas had been in an Indian jail since 2012 for illegally entering India. "First, all immigration formalities were completed on the Indian side and we met the Myanmarese authorities at the immigration office near no-man's land".
The plea also referred to alarm raised by United Nations Human Rights expert over the proposed deportation of seven Rohingya to Myanmar, saying their forcible return could constitute "refoulement" which was violative of worldwide law.
Hundreds of thousands of Rohingya Muslims, described by the United Nations as the most persecuted minority in the world, fled their homes a year ago to escape an alleged crackdown by the Myanmarese military.
"Pass an order restraining the Union of India from taking any steps towards the deportation of any Rohingya refugees lodged in jails or detention centres in Assam or other parts of the country in contravention of non-derogable principles of customary global law and during the pendency if the case", the plea said.
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