New Delhi [India], December 2 : The Supreme Court on Tuesday adjourned a PIL (public interest litigation) plea that sought directions with regard to the alleged custodial disappearance of five Rohingya refugees to December 16, on which other matters in relation to the Rohingya, are listed.
A bench led by the Chief Justice of India (CJI) Surya Kant refused to issue notice to the Central government seeking their response to the PIL plea by stating that the prayers in the plea are "fanciful" with respect to seeking strong directions such as habeas corpus and mandamus.
The apex court verbally observed that the persons alleged to have been disappeared or sent back to their country of origin after being designated by Indian authorities are intruders.
The Court highlighted that at this stage, it cannot be said that the said persons are legal refugees in terms of international law or plain intruders.
"You know they are intruders. We have very, very sensitive borders on the Northern side. You know what has been happening in the country. Even if someone has come here illegally... You want a red carpet for them. They enter through tunnels, and then you are entitled to food, shelter, the right to education for children, etc. Do we want us to stretch the law like this? Asking habeas corpus, etc, is very fanciful", the Court said.
The counsel appearing for the PIL petitioner stressed that her client is not seeking that the said persons be returned to India or be left scot-free, but only requesting that their custodial disappearance be looked into by the Court.
"All we are seeking (from the Centre) is that you give us the deportation order, as per memorandum. Or a report from border guarding forces", the counsel contended.
The Solicitor General of India (SGI) Tushar Mehta, representing the Centre, countered that the PIL petitioner seeking habeas corpus from the Court has nothing to do with the Rohingya matters listed before the Court. Mehta added that the said persons alleged to have been disappeared have not been represented before the Court directly.
After hearing the matter for some time, the Court listed it to be heard along with other Rohingya matters listed before on December 16.