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The Supreme Court today said that Rohingyas detained in Jammu shall not be deported to Myanmar without following the prescribed process.
A bench headed by Chief Justice S A Bobde passed the order on a plea seeking immediate release of detained Rohingya refugees in Jammu and a direction to restrain Centre from deporting them to Myanmar.
The Centre had earlier opposed the plea saying that the country cannot be the capital for illegal immigrants.
Opposing the application Solicitor General Tushar Mehta argued that at a similar application concerning Rohingyas in Assam was dismissed in 2018, and that the petitioner had suppressed the fact.
He also submitted that deportation is done in accordance with the procedure established by law, and hence it cannot be held to be violative of right to life under Article 21 of the Constitution.
Appearing for the applicant, Advocate Prashant Bhushan referred to the order passed by the International Court of Justice last year.
Senior Advocate Harish Salve, intervening on behalf of the J&K administration, argued that the principle of non-refoulement was not binding on the India Government as it has not signed the international treaties propounding the said principle.
During the hearing, the Chief Justice S A Bobde made oral observations acknowledging the threat faced by Rohingyas in Myanmar but added that the Court cannot do anything about it.
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