The Supreme Court on Thursday stated that Rohingya refugees found to be foreigners under Indian law must be deported in accordance with the Foreigners Act, reiterating the legal position that identity cards issued by the United Nations High Commissioner for Refugees (UNHCR) do not confer any legal protection under Indian statutes.
A bench comprising Justices Surya Kant, Dipankar Datta, and N Kotiswar Singh made the observation while hearing petitions filed by advocates Colin Gonsalves and Prashant Bhushan on behalf of Rohingya refugees seeking protection from deportation and other reliefs.
“If they are foreigners as per the Foreigners Act, then they have to be deported,” Justice Datta remarked during the proceedings. The court was informed that several refugees, including women and children carrying UNHCR identity cards, were arrested late Wednesday night and deported despite the matter being listed for hearing on Thursday.
Senior advocate Colin Gonsalves termed the overnight action “alarming” and “shocking”, alleging it amounted to judicial overreach and undermined the court’s authority. Advocate Bhushan pressed for a final hearing on the matter, arguing that India is a signatory to the Genocide Convention, which should also be taken into account.
The bench agreed to take up the matter for final adjudication and posted the hearing for July 31. Justice Surya Kant emphasized, “Instead of passing interlocutory orders, it would be better to finally decide the issue. If they have a right to stay here, that should be acknowledged. If not, they must follow due procedure and face deportation under the law.”
Solicitor General Tushar Mehta, representing the Centre, cited the court’s April 8, 2021 order which allowed deportation in line with legal procedure. He also reiterated that India is not a signatory to the 1951 Refugee Convention and therefore not bound by its provisions. However, the 2021 ruling did recognize that rights under Articles 14 and 21 of the Constitution apply to all persons, regardless of citizenship, while the right against deportation is not absolute and tied to the right to reside under Article 19, which is reserved for citizens.
Justice Kant concluded by affirming that further deportations, if any, must strictly follow legal norms, as assured by the Solicitor General.
