Supreme Court refuses to stop deportation of 7 Rohingya refugees
The Assam government on Wednesday sent seven Myanmar nationals from detention camp in Silchar to Imphal from where they would be deported to Myanmar before Thursday noon.
INDIA Updated: Oct 04, 2018 11:32 IST
Bhadra Sinha
Bhadra Sinha
Hindustan Times, New Delhi
Supreme Court,Rohingya refugees,Rohingyas deportation
Hundreds of minority Rohingya refugees have been killed in the northern Rakhine province of Myanmar by the military in alleged ethnic cleansing, setting of an exodus with lakhs taking shelter in camps in Bangladesh.(AFP File Photo)
The Supreme Court on Thursday refused to stop the deportation of seven Rohingya Muslims set to be deported from Manipur to Myanmar a few hours later.
This will be the first such official deportation from India to Myanmar.
Lawyer Prashant Bhushan, who had sought the top court’s intervention, said it is the duty of this court to protect stateless citizens, which Rohingya refugees are.
The bench shot back, telling Prashant Bhushan that he need not remind the judges of their responsibilities.
In its affidavit, the Home Ministry had underlined that the seven were willing to go back to Myanmar. They were illegal migrants and had served their sentence under the Foreigners Act.
Tushar Mehta, the centre’s senior law officer, told the court that the Myanmar government had acknowledged that the seven were its nationals and given them a certificate of identity to facilitate their return.
Assam has about 32 Rohingya refugees in detention camps in Assam, about 15 of them including seven minors are in Tezpur. They are mostly believed to be from the Rakhine State in Myanmar and were apprehended in 2014 by the railway police.
Thousands of Rohingya Muslims have been fleeing the Rakhine State on Myanmar’s western coast for years, often caught between the military and Rohingya insurgents who have fought a bloody war for years. The refugees mostly landed in Bangladesh, but some did cross over into India also. The Indian security establishment believes there may be upwards of 40,000 refugees in India.
The UN refugee agency, the United Nations High Commissioner for Refugees, had sought access to the detained Rohingya refugees in Assam but have not been permitted.
Ahead of the deportation, a UN human rights expert had expressed alarm at the government’s deportation plan saying returning the seven Rohingya refugees to Myanmar could violate international law.
“Given the ethnic identity of the men, this is a flagrant denial of their right to protection and could amount to refoulement,” said the UN Special Rapporteur on racism, Tendayi Achiume.
“The Indian Government has an international legal obligation to fully acknowledge the institutionalised discrimination, persecution, hate and gross human rights violations these people have faced in their country of origin and provide them the necessary protection.
7 Rohingya Will Be Deported, Supreme Court Says Myanmar Has Accepted Them
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Supreme Court today refused to stop the deportation of the seven Rohingya men, the first such move by the government.
All India | Reported by A Vaidyanathan, Edited by Deepshikha Ghosh | Updated: October 05, 2018 05:19 IST
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7 Rohingya Will Be Deported, Supreme Court Says Myanmar Has Accepted Them
Supreme Court refused to "interfere" with the government's decision to deport seven Rohingya men
NEW DELHI:
HIGHLIGHTS
Myanmar has accepted them as its citizens, government told court
Rohingya Muslims being deported from detention centre in Assam
Of 40,000 Rohingya in India, 16,000 registered with UN refugee agency
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Seven Rohingya Muslims held at a detention centre in Assam will be handed over to Myanmar after the Supreme Court today refused to stop their deportation, the first such move by the government. "We are not inclined to interfere on the decision taken," the top court said, accepting the centre's statement that the Rohingya were illegal immigrants and Myanmar had accepted them as citizens.
The Rohingya are from central Rakhine, from where thousands fled amid violence against the ethnic minority. They had been held in prison since 2012 for illegal entry into the country. They were bussed to the border yesterday to be deported.
The government's top lawyer, Tushar Mehta, told the court that the embassy of Myanmar was ready to give a certificate of identity to the Rohingya.
Senior lawyer Prashant Bhushan argued that the government's move was against the UN charter.
Chief Justice of India Ranjan Gogoi, who took charge as top judge yesterday, asked: "First of all, they have been recognised as Myanmar citizens. What you have to say?"
It is wrong, they haven't been recognised, Prashant Bhushan replied, saying it was the responsibility of the court.
"You need not remind us what's our responsibility," the Chief Justice shot back, dismissing the petition.
New Delhi's move has drawn criticism from the UN, which said their forcible return violates international law.
"The Indian Government has an international legal obligation to fully acknowledge the institutionalised discrimination, persecution, hate and gross human rights violations these people have faced in their country of origin and provide them the necessary protection," UN Special Rapporteur on racism, Tendayi Achiume, said in a statement.
Around 40,000 Rohingya live in India after having fled persecution in Myanmar over the years. Around 16,000 of them are registered with the UN refugee agency.
UN officials describe the Myanmar military's action as ethnic cleansing. Myanmar has denied the charge, saying its military launched counter-insurgency operations after attacks on security forces by Rohingya militants in August last year.
However, the Ministry of External Affairs (MEA) in a statement said the repatriation of seven Rohingya immigrants was arranged after "reconfirming" of their willingness to return and with "full concurrence" of the Myanmarese government. "Upon reconfirming their willingness to be repatriated (on October 3, 2018), and with the full concurrence of the Government of Myanmar...the government of Assam has arranged for the repatriation of these seven individuals to Myanmar," MEA Spokesperson Raveesh Kumar said.
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The government had last year told the court that Rohingya are a threat to national security, have links with terror groups and are likely to be used by the ISIS for terror attacks. It had also asked state governments to identify and deport them.
The Assam government on Wednesday sent seven Myanmar nationals from detention camp in Silchar to Imphal from where they would be deported to Myanmar before Thursday noon.
INDIA Updated: Oct 04, 2018 11:32 IST
Bhadra Sinha
Bhadra Sinha
Hindustan Times, New Delhi
Supreme Court,Rohingya refugees,Rohingyas deportation
Hundreds of minority Rohingya refugees have been killed in the northern Rakhine province of Myanmar by the military in alleged ethnic cleansing, setting of an exodus with lakhs taking shelter in camps in Bangladesh.(AFP File Photo)
The Supreme Court on Thursday refused to stop the deportation of seven Rohingya Muslims set to be deported from Manipur to Myanmar a few hours later.
This will be the first such official deportation from India to Myanmar.
Lawyer Prashant Bhushan, who had sought the top court’s intervention, said it is the duty of this court to protect stateless citizens, which Rohingya refugees are.
The bench shot back, telling Prashant Bhushan that he need not remind the judges of their responsibilities.
In its affidavit, the Home Ministry had underlined that the seven were willing to go back to Myanmar. They were illegal migrants and had served their sentence under the Foreigners Act.
Tushar Mehta, the centre’s senior law officer, told the court that the Myanmar government had acknowledged that the seven were its nationals and given them a certificate of identity to facilitate their return.
Assam has about 32 Rohingya refugees in detention camps in Assam, about 15 of them including seven minors are in Tezpur. They are mostly believed to be from the Rakhine State in Myanmar and were apprehended in 2014 by the railway police.
Thousands of Rohingya Muslims have been fleeing the Rakhine State on Myanmar’s western coast for years, often caught between the military and Rohingya insurgents who have fought a bloody war for years. The refugees mostly landed in Bangladesh, but some did cross over into India also. The Indian security establishment believes there may be upwards of 40,000 refugees in India.
The UN refugee agency, the United Nations High Commissioner for Refugees, had sought access to the detained Rohingya refugees in Assam but have not been permitted.
Ahead of the deportation, a UN human rights expert had expressed alarm at the government’s deportation plan saying returning the seven Rohingya refugees to Myanmar could violate international law.
“Given the ethnic identity of the men, this is a flagrant denial of their right to protection and could amount to refoulement,” said the UN Special Rapporteur on racism, Tendayi Achiume.
“The Indian Government has an international legal obligation to fully acknowledge the institutionalised discrimination, persecution, hate and gross human rights violations these people have faced in their country of origin and provide them the necessary protection.
7 Rohingya Will Be Deported, Supreme Court Says Myanmar Has Accepted Them
READ IN
Supreme Court today refused to stop the deportation of the seven Rohingya men, the first such move by the government.
All India | Reported by A Vaidyanathan, Edited by Deepshikha Ghosh | Updated: October 05, 2018 05:19 IST
by TaboolaSponsored LinksSponsored
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7 Rohingya Will Be Deported, Supreme Court Says Myanmar Has Accepted Them
Supreme Court refused to "interfere" with the government's decision to deport seven Rohingya men
NEW DELHI:
HIGHLIGHTS
Myanmar has accepted them as its citizens, government told court
Rohingya Muslims being deported from detention centre in Assam
Of 40,000 Rohingya in India, 16,000 registered with UN refugee agency
PROMOTED
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Seven Rohingya Muslims held at a detention centre in Assam will be handed over to Myanmar after the Supreme Court today refused to stop their deportation, the first such move by the government. "We are not inclined to interfere on the decision taken," the top court said, accepting the centre's statement that the Rohingya were illegal immigrants and Myanmar had accepted them as citizens.
The Rohingya are from central Rakhine, from where thousands fled amid violence against the ethnic minority. They had been held in prison since 2012 for illegal entry into the country. They were bussed to the border yesterday to be deported.
The government's top lawyer, Tushar Mehta, told the court that the embassy of Myanmar was ready to give a certificate of identity to the Rohingya.
Senior lawyer Prashant Bhushan argued that the government's move was against the UN charter.
Chief Justice of India Ranjan Gogoi, who took charge as top judge yesterday, asked: "First of all, they have been recognised as Myanmar citizens. What you have to say?"
It is wrong, they haven't been recognised, Prashant Bhushan replied, saying it was the responsibility of the court.
"You need not remind us what's our responsibility," the Chief Justice shot back, dismissing the petition.
New Delhi's move has drawn criticism from the UN, which said their forcible return violates international law.
"The Indian Government has an international legal obligation to fully acknowledge the institutionalised discrimination, persecution, hate and gross human rights violations these people have faced in their country of origin and provide them the necessary protection," UN Special Rapporteur on racism, Tendayi Achiume, said in a statement.
Around 40,000 Rohingya live in India after having fled persecution in Myanmar over the years. Around 16,000 of them are registered with the UN refugee agency.
UN officials describe the Myanmar military's action as ethnic cleansing. Myanmar has denied the charge, saying its military launched counter-insurgency operations after attacks on security forces by Rohingya militants in August last year.
However, the Ministry of External Affairs (MEA) in a statement said the repatriation of seven Rohingya immigrants was arranged after "reconfirming" of their willingness to return and with "full concurrence" of the Myanmarese government. "Upon reconfirming their willingness to be repatriated (on October 3, 2018), and with the full concurrence of the Government of Myanmar...the government of Assam has arranged for the repatriation of these seven individuals to Myanmar," MEA Spokesperson Raveesh Kumar said.
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The government had last year told the court that Rohingya are a threat to national security, have links with terror groups and are likely to be used by the ISIS for terror attacks. It had also asked state governments to identify and deport them.
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