The SC has observed that the state has a big role to play in Rohingya Muslim Issue as the problem of Rohingya refugee is of ‘great magnitude’. The state while dealing with the contentious issue has to strike a balance between national interests and human rights.
The Court will pronounce its detailed order on deportation of Rohingya muslims refugee to Myanmar on 21 November but for now the court has observed that that there is a need to strike a balance between the human rights of the refugees and the national interest as the issue is of greater magnitude involving national security, economic interest and humanity.
The SC bench consisting of Chief Justice Deepak Mishra and Justice A M Khanwilkar and D Y Chandrachud has suggested that refugees to not to be deported to the centre while the Additional Solicitor General (ASG) Tushar Mehta has requested to avoid taking anything on record by writing anything in order as it can have international ramifications. The Court said that the petitioners can anytime approach the court for redressal in case any contingency arise.
Senior Advocate Fali S Nariman appearing on behalf of petitioners argued that the government cannot pass a blanket order for all Rohingya refugee as all the refugees, whether muslim or hindu are not terrorist. To which the court said that a benefit of doubt can be given that there are humanitarian grounds involved in this but they cannot ignore the national interest as well
The court further said that as a constitutional court we cannot be obvious about that women and children know nothing about anything and so does executive cannot be obvious about it. The court has also asked the government to not to deport the refugees and to take action only if something is found wrong.
The court further said that the matter needs a hostile hearing and no emotional arguments shall be entertained.
The bench further observed that issues like national security, economic interests, labour interests , protection of children, women, sick and innocent persons would come up while dealing with this issue.
The Rohingyas, have settled themselves in the states of Jammu, Hyderabad, Haryana, Uttar Pradesh, Delhi-NCR and Rajasthan after the violence in Myanmar.
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