Karnataka Govt Revises 'No Plans To Deport Rohingyas' Affidavit; Files New Affidavit In Supreme Court

Revising its earlier stand that there were no plans to deport Rohingya refugees in the state, the Karnataka Government has filed a fresh affidavit before the Supreme Court stating that it will adhere to any order passed by the Court in this matter.

The affidavit stated that while 126 Rohingyas have been identified in the State, the Karnataka State Police has not housed Rohingyas in any camp or detention centre within its jurisdiction.

The previous affidavit had given the number as 72. The first affidavit stated "72 Rohingyas identified in the Bengaluru City are working in various fields and Bengaluru City police have not taken coercive action against them as of now and there is no immediate plan of deporting them."

The submission has been come through a counter affidavit filed by State of Karnataka in a writ petition filed by BJP Leader and Advocate Ashwini Upadhyay seeking immediate deportation of all illegal immigrants and infiltrators including Bangladeshis and Rohingyas within one year.

The affidavit filed through Secretary to Government, Department of Home, Bengaluru, has submitted that the writ petition has no specific averment of allegation against them and no relief has been claimed against this Respondent. The State has undertaken to adhere to and follow whatever order is passed by the Apex Court in this regard.

The new counter affidavit filed through Advocate V.N.Raghupathy has given details of 126 Rohingyas refugees who have been staying in Bengaluru city, Karnataka.

Background of the matter

The Writ Petition-Ashwini Kumar Upadhyay v Union of India & Ors-has sought a direction to the Central and state governments to identify, detain and deport all illegal immigrants and infiltrators including Rohingya refugees, direction to government authorities to amend the respective laws to make illegal migration and infiltration, a cognizable non-bailable and non-compoundable offence; direct the Central and state government to declare the making of forged/fabricated PAN Cards, Aadhaar Card and other such documents a non-bailable and non-compoundable offence.

In March 2021 a Bench of justices CJI SA Bobde, AS Bopanna and V Ramasubramanian had issued notice on the said matter.

Case Title: Ashwini Kumar Upadhyay v Union of India & Ors