Mohammad Salimullah says his application is based on reports from Morning Tidings and other media outlets that Rohingya members were detained in a sub-jail in Jammu.
The Supreme Court on Thursday agreed to an urgent hearing on a plea to release and protect 150 Rohingya refugees allegedly “in custody” in Jammu.
Chief Justice of India SA Bobde agreed to hear the application submitted by advocate Prashant Bhushan and Cheryl D’Souza by Mohammed Salimullah, a member of the Rohingya community, on 25 April (Thursday). Mr. Bhushan made oral mention before the CJI for the preliminary hearing.
Solicitor General Tushar Mehta said the averments made in the application were “factually incorrect”.
Mr. Salimullah, who is already a petitioner in the Supreme Court against the deportation of Rohingyas, said that his application was based on these reports Hindu And the Rohingya members were jailed in a sub-jail in Jammu.
“It follows the statements of Union Minister Jitendra Singh two months ago that the Rohingya (identified by the government as Muslim refugees) will not be able to gain citizenship. These refugees were illegally detained and jailed in a sub-jail in Jammu, which was converted into a holding center with IGP (Jammu) Mukesh Singh. .
Refugee identity card
The petition urged the court to “immediately release the Rohingya refugees and direct the Union Territory Government and the Ministry of Home Affairs to expedite the refugee identity cards to the Rohingyas in the informant camps through FRROs”.
It requested the court to direct the Center to stop enforcing any order to deport Rohingya refugees in sub-jails in Jammu.
The application said that the UN High Commissioner for Refugees should be asked to “intervene and determine the security needs of Rohingya refugees not only in Jammu but in camps across the country.”
“On March 7, 2021 news reports about the detention of about 150–170 Rohingya refugees began to come up in Jammu. The application said that after biometric verification of Rohingya refugees by the Jammu and Kashmir administration, there have been disturbing reports of Rohingya families, some people did not return to the camps by verification but police detained and imprisoned them.
It quotes from a report Hindu “How terror has gripped the already marginalized refugee community” in Jammu after a campaign of verification and the disappearance of family members.
‘6,523 Rohingya in Jammu’
The application stated that there were 6,523 Rohingya in Jammu in the official document of the office of Deputy Commissioner of Jammu.
In India, no legislation has yet been passed that specifically refers to refugees. Therefore, Rohingya refugees are often clubbed with the class of illegal immigrants deported by the government under the Foreigners Act 1946 and Foreigners Order 1948. This is coupled with discrimination by the government with the Rohingya, they are largely Muslim refugees. Legally, however, a refugee is a special category of immigrant and cannot be clubbed with an illegal immigrant.
India is bound to follow the principle of non-refinement through customary international law, opposed to the application
The doctrine of non-return – or not sending refugees to a place where they are threatened – is an ideal of customary international law.
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