New Delhi, Oct 3: The Supreme Court on Tuesday ruled out that it will examine all the issues related deportation of Rohingya Muslims back to Myanmar as it urged the rival parties to address the issue on the strength of law shunning emotional arguments.
The bench of Chief Justice Dipak Misra,A.M.Khanwilkar and Justice D.Y.Chandrachud said “No emotional arguments. Go by law and human values and mutual respect”.
SC came with this decision as amicus curiae Fali Nariuman assailed the centre stand on deporting about 40,000 Rohingya refugees who have fled Myanmar to escapee persecution.
The court urged both the counsels, Nariman and Additional Solicitor General Tushar Mehta by stating “we will deal with it including parameters, boundaries and contours of the decision, and the jurisdiction of the top court” to entertain the plea by two Rohingya refugees opposing moves to turn them back to Myanmar.
“I for one believed that court’s should be very slow in abdicating its jurisdiction,” Misra asserted.
The observation from the bench assumes significance as the Centre on Tuesday once again repeated its stand that the court should keep off from Rohingya issue as it concerned the matter is about diplomatic considerations.
Asserting that the issue was not justiceable, Mehta told the bench that the parameters within which dignitary decisions are taken include diplomatic considerations, whether country can sustain the burden of such a large number of refugees, law and order situation in the state where they settle, and other factors including drain on country’s resources.
Retaliating the government’s stand, Nariman said that Article 14 (equality before law) and 21 (right to life) was available to all.
“Our constitution is not based on groups rights but on individual rights. It is both for the citizens and non-citizens,” he stated.
Even as the government attempted to relate the moves to deport Rohingyas with some of them having connections with terror in Pakistan and Bangladesh.
In response to this, court asked whether the government had an obligation to save Rohingya children, women and sick who are facing problems.
Recently, the centre termed Rohingyas as illegal immigrants and refused to treat them as refugees.
Nariman told the apex court that assailed the government’s August 8 communication to all the states and union territories asking them identify and deport Rohingyas.
After this, the court scheduled next hearing on October 13.