'Languishing In Jail For Last 7 Years': Gauhati High Court Directs State To Decide On Plea Of Rohingya Refugees Seeking Either Refugee Status In India Or Deportation To Myanmar

The Gauhati High Court has recently directed the Assam government to take a decision at the earliest regarding a plea moved by ten members of the Rohingya community seeking either refugee status in India or deportation to Myanmar. The Court observed that the petitioners have been 'languishing in jail'  for the last 7 years since the concerned authorities have not been able to arrive at a decision in this regard. 

A Bench comprising Justices N Kotiswar Singh and Malasri Nandi observed, 

"The plea of the petitioners is that either they be allowed to remain in India by granting refugee status or be deported to their country of origin, i.e., Myanmar. However, the authorities are not taking any decision in this regard and the petitioners are languishing in jail."

In the instant case, the petitioners had been convicted for entering India without proper documentation and had subsequently served their sentences as imposed by the competent Court. However, they have been languishing in jail for the last 7 years. Thereafter, they had approached the High Court in 2017 seeking either refugee status in India or deportation to Myanmar. 

"It has been submitted that the present petitioners are admittedly citizens of Myanmar who have been convicted for entering this country without proper documentation and had served out sentences imposed by the competent Court and have been languishing in jail for the last 7 (seven) years", the Court further recorded in its order. 

The Court vide its order dated December 3 listed the matter for further hearing on December 16 after the counsel appearing for the foreigners' tribunal sought some more time to take instructions from the Assam government on the course of action to be taken in this regard. The matter has come up for hearing before the High Court six times. 

Case Title: Saidur Rahman and 9 Ors v. State of Assam 

Click Here To Read/Download Order