The Supreme Court has dismissed a plea by a 19-year-old Rohingya girl seeking release from alleged detention, noting that restriction on her movement cannot be termed as illegal confinement.
A bench of Justices Surya Kant and Dipankar Datta was hearing a petition that claimed the girl was detained illegally by the Foreigners Regional Registration Office without any offence having been lodged against her.
“It is not in dispute that the movements of the petitioner are restricted to Sarai Rohila and for that purpose an appropriate order under Section 3(2) of the Foreigners Act, 1946 read with the provisions contained in the Foreigners Order, 1948 has been passed on 9th June, 2022.
“That being so, the restriction on movements of the petitioner cannot be termed or declared as illegal confinement. No effective direction therefore can be issued.
The writ petition is dismissed,” the bench said.
The top court noted that the petitioner is admittedly an illegal immigrant and her arrival in India is not traceable.
The Centre told the apex court that the petitioner will be required to be deported to her home country (Myanmar) as per the procedure established by law after verification of nationality.
Till such time, her movements have been restricted to ensure that she remains available for deportation, as and when required, the Centre said.