Supreme Court Issues Notice On Plea Against Detention Of Rohingya Refugee

The Supreme Court on Monday issued a notice in a writ petition filed for releasing a Rohingya refugee from indefinite detention in a detention center in Delhi.

The bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Mishra while issuing notice, also granted the liberty to serve the copy of the petition on the Central Government. The petitioner's lawyer submitted that the both the petitioner and the detenu have refugee cards issued by the UNHCR.

The plea stated that the younger sister of the petitioner is a Rohingya refugee who has been indefinitely detained in Delhi. It was stated in the petition that in 2021 she was picked up arbitrarily, even though there was no criminal antecedent or complaint.

The petitioner submitted no official order authorizing such detention was ever shared with them which is in violation of the SOP issued by the Government in 2019. She contended that as per SOP she’s a “foreigner claiming to be a refugee” who cannot be detained until her claim is found to be false.

The plea further stated that detenu is separated from her infant son and has to live in poor, unhygienic conditions without access to proper food and medicine. Consequently, her health has been deteriorating

The petitioner also relied on Mohammad Salimullah v. Union of India(2021) to contend that rights under Art. 14 and 21 of the Constitution are available to all persons irrespective of whether they are Indian citizens or not. Moreover, one cannot be deported without following due procedure.

The petitioner contended that as per internal guidelines prepared by the respondent, even an illegal migrant cannot be detained for more than 6 months. She referred to Dongh Lian Kham v Union of India(2015) which reiterated this guideline.

Against this backdrop, it was stated in the plea that “the present writ petition is not seeking a prayer against deportation of petitioner’s sister. It’s for a writ of habeas corpus seeking her release from indefinite detention in violation of due process established by law which contravenes the right to life and equality. Such detention constitutes inhuman and degrading treatment amounting to torture.”

Case title: Sabera Khatoon v. Union of India

Citation: W.P. Criminal No. 318/2023

For petitioner: Adv. Ms. Ujjaini Chatterji, AOR Ms. Vanya Gupta and Adv. Ms. T. Mayura Priyan, Adv

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