Mohammad Salimullah and Anr. Vs. Union of India and Ors.

Case Number: Interlocutory Application No. 38048 of 2021 & Writ Petition (Civil) No. 793 of 2017

Judges Name: Hon’ble Judges S.A. Bobde J, A.S. Bopanna J, V. Ramasubramanian J

Order dated: 08.05.2021

“Right of not to be deported, is ancillary to right to reside or settle in any part of the territory, which is guaranteed under Article 19(1)(e) of the constitution only available to citizens.”

 

Facts of the case:

  • The writ petition was filed praying for the issue of an appropriate writ directing the respondents to provide basic human amenities to the member of the Rohingya Community, who have taken refuge in India. The petitioners who claim to have registered themselves as refugees with the United Nations High Commission for refugees, have come up with the present interlocutory application seeking (i) the release of the detained Rohingya refugees; and (ii) a direction to the Union of India not to deport the Rohingya refugees who have been detained in the sub jail in Jammu.

Supreme Court held:

  • The Hon’ble Supreme Court held that on the issue of violation of Article 21, court was of the opinion that the deportation of refugees according to procedure establish by law does not violate Article 21. The Hon’ble court further held that though Article 14 and 21 are available to non-citizen but in present context, right of not to be deported, is ancillary to right to reside or settle in any part of the territory, which is guaranteed under Article 19(1)(e) of the constitution only available to citizens. Thereafter on issue on violation of the principle of non-refoulement, it was held that it won’t be applicable on the Indian Government as it has not signed the international treaties propounding the said principle. At last Supreme Court refused to make any comment on the internal matters of another country and left the matter of public policy at the prerogative of the state.
  • Therefore, the Hon’ble Supreme court held that that no interim relief regarding deportation will be provided, however they shall not be deported unless the procedure prescribed for such deportation is followed. 
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