Supreme Court Issues Notice On NGO's Plea Against Deportation Of Rohingyan Girl To Myanmar

The Supreme Court on Wednesday issued notice in a writ petition filed by an NGO against the deportation of a 14-year old Rohingyan girl from India to Myanmar.

The NGO Global Peace Initiative seeks permission to foster the girl who, it says, is about to be transported to Myanmar from an orphanage in Assam while her parents are stationed in Bangladesh.

The bench of Justices Abdul Nazeer and Krishna Murari while issuing notice also asked the NGO to implead State of Assam in the plea.

Senior Advocate Sanjay Hegde assisted by Advocates Sriram Parakkat and MS Vishnu Shankar appeared for the NGO.

The plea stated that authorities of Nivedita Nari Sanstha Orphanage, Assam run with government sponsorship on April 1, 2021 took this 14-year-old young girl to Myanmar Border to leave her against her or her parents will.

It was stated in the petition that the the girl's father had written a letter to UNHRC on October 17, 2019 from his Refugee Camp to find out about his daughter and UNHRC recommended Global Peace Initiative's name for the same.

The petitioners further contended that the founder of the NGO Dr KA Paul on April 3, 2021 addressed a letter to Prime Minister seeking permission to take care of the children fleeing from horrors of war.

In April 2021, Dr KA Paul received a letter from endangered child's father seeking his support requesting him to bring back his daughter to their camp in Bangladesh.

Against this backdrop it was stated in the plea that,

"He has approached the Government for support for taking the girl to his fully functional facility in Hyderabad before finally reaching the girl to her parents in Bangladesh.

In so far as due process is concerned, the petitioner most respectfully submits that the option of rehabilitation and transport to the place of origin of the parents as offered by the petitioner association could be considered. The petitioner organization only prays that the doors of life of a 14-year-old may not be shut forever by sending her to a war-torn country when very many options are available."

Global Peace Initiative in the writ has also averred that the girl's right to life and personal liberty and the parents' right to see their daughter through any humanitarian intervention is at stake before the Top Court.

Petitioner in the petition has also relied on the Top Court's judgement in Mohammad Salimullah v. Union of India wherein the Court had held that the Rohingyas can be deported only after following due process.

To further substantiate their contention, NGO in its writ has referred to the judgements in Louis De Raedt v. Union of India [(1991) 3 SCC 554] and National Human Rights Commission v. State of Arunachal Pradesh & Anr [(1996) AIR 1234] wherein it was observed that foreigners are entitled to the protection of Article 21 of the Constitution.

Case Title: Global Peace Initiative through its President v Union of India and Another| WP(C) 521/2021 

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