New Delhi: The Supreme Court on Friday expressed its displeasure over the repeated filing of Public Interest Litigations (PILs) aimed at halting the alleged deportation of Rohingya Muslims. Addressing senior advocate Colin Gonsalves, the bench criticized the filing of multiple PILs on the same matter without presenting any new facts to justify a review of the Court’s May 8 decision, which denied interim relief.
On May 8, a bench comprising Justices Surya Kant, Dipankar Datta, and N Kotiswar Singh rejected a request to stay the anticipated deportation of Rohingyas. Despite vigorous arguments by Gonsalves and advocate Prashant Bhushan, the Court held that Rohingyas, being non-citizens, do not have a constitutional right to reside in India.
Solicitor General Tushar Mehta reiterated that India is not a signatory to the UN Refugee Convention and questioned the legitimacy of the UNHCR’s refugee status for Rohingyas, who fled Myanmar due to military persecution.
On Friday, Gonsalves informed the Court that on the very day of the May 8 order, 28 Rohingyas were deported. He alleged they were handcuffed, taken to the Andaman Islands, given life jackets, and sent toward Myanmar. After arriving there, they reportedly contacted relatives in Delhi through local fishermen, claiming their lives were in imminent danger.
The bench of Justices Kant and Kotiswar Singh dismissed these claims as unverified. “These are bald averments. Who is to confirm the truth of these statements? At a time when the nation is facing serious challenges, filing fanciful PILs without credible evidence is unacceptable,” the bench remarked. It added that without prima facie material, it could not grant an interim order that contradicts the earlier ruling.
Gonsalves referred to a Supreme Court judgment on Chakma refugees and cited a UN report and an International Court of Justice order to argue that Rohingyas should be considered refugees entitled to protection under international law.
The bench responded cautiously: “We will not comment on the UN report today. A decision will be made on July 31, when this petition and other related matters will be heard.” Gonsalves warned that the delay could enable further deportations, noting that over 8,000 Rohingyas remain in India, including 800 in Delhi.
