P&H High Court Allows Transfer Of Refugee Boy From Amritsar To Nuh Camp To Enable Him To Stay With His Mother

Update: 2021-01-18 14:37 GMT
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Acting on a habeas petition filed by a mother (Julaha @ Julaha Yusuf), the Punjab and Haryana High Court last week directed that her son be transferred from Amritsar to Rohingya Refugee Camp in Nuh tehsil of Mewat district so that the mother-son duo could be kept at one place till they are deported back. Accepting the mother's prayer, the Bench of Justice Gurvinder Singh Gill directed...

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Acting on a habeas petition filed by a mother (Julaha @ Julaha Yusuf), the Punjab and Haryana High Court last week directed that her son be transferred from Amritsar to Rohingya Refugee Camp in Nuh tehsil of Mewat district so that the mother-son duo could be kept at one place till they are deported back.

Accepting the mother's prayer, the Bench of Justice Gurvinder Singh Gill directed the Additional Director General of Police (Prisons), Punjab to ensure that the petitioner's son is taken from Amritsar (where he is presently detained) in Detention Center, Amritsar and consigned to Chandeni Rohingya Refugee Camp, Tehsil Nuh, District Mewat, Haryana.

The matter before the Court

The petitioner's son was detained in Amritsar as he is alleged to have entered into India without any proper documents and without any passport and is stated to have been later registered as a refugee.

The main contention put forth on behalf of the petitioner was that even if both the petitioner and petitioner's son are to be detained, they be kept at one place being mother and son till they are deported back.

The Additional Solicitor General of India representing Union of India informed the Court that the Ministry of Home Affairs or Union of India had no objection in case the petitioner is transferred provided the State of Punjab as well as the State of Haryana do not have any objection for the same.

The Counsels representing State of Punjab as well as State of Haryana, upon being asked by the Court, expressed that both the States had no objection to the transfer of petitioner's son so as to enable him to stay with his mother, where also he is going to be kept detained in a refugee camp.

Thus, issuing the necessary directions to the Additional Director General of Police (Prisons), Punjab, the petition was disposed of by the Court.

In related news, the Calcutta High Court recently asked the West Bengal Government & Union of India to take requisite steps to move the United Nations High Commissioner for Refugees (UNHCR) in connection with the case of 4 Rohingyas who have served their sentence but continue to remain in prison.

The Bench of Chief Justice Thottathil B. Radhakrishnan & Justice Arijit Banerjee was hearing a plea seeking issuance of Habeas Corpus Writ by 4 Rohingyas.

Case title - Julaha @ Julaha Yusuf v. Union of India and others [CRWP-7515-2020 (O&M)]

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