'Beautifully Crafted Story' : Supreme Court Questions Claim That Rohingyas Were Thrown Into Sea; Refuses Stay On Deportation

The Supreme Court on Friday (May 16) questioned and expressed disbelief at a writ petition which alleged that 43 Rohingyas, including children, women and elderly, and individuals with serious health conditions such as cancer, were forcibly deported by the Indian Government to Myanmar after throwing them into international waters.A bench of Justices Surya Kant and N Kotiswar Singh refused to pass interim orders halting the future deportation of Rohingyas from India, saying that a three-judge bench(also headed by Justice Kant) had on May 8 declined similar relief in another petition.The bench observed that the scant materials in the petition cannot persuade it to differ from the view taken by the 3-judge bench last week."There is absolutely no material in support of the vague, evasive and sweeping statements made. Unless the allegations are supported with some prima facie material, it is difficult for us to sit over an order passed by a larger bench," the bench observed.The bench also declined the petitioners' request for an urgent hearing and posted the matter along with the pending petitions to July 31, 2025."Time is against us. Please have next week. UN report says they were picked up and sent. Please hear before they die," Senior Advocate Colin Gonsalves pleaded for the petitioner. However, the bench declined the request. "We will comment on the UN report when sitting in 3-judge composition," Justice Kant said.'Beautifully crafted story' : Bench questions the petitionersAt the outset of the hearing itself, Justice Kant expressed disbelief at the petition, saying "Every day you come with one new story. What is the basis of this story? Very beautifully crafted story! Please show us the material on the record. What is the material to substantiate your allegations?."Gonsalves said that persons were deported, after being taken to Andaman and dropped in the sea, and now they were in the "war zone.""Who is the person watching them? Who video-recorded? How petitioner came back? He said he was there?" Justice Kant asked. Gonsalves said that the petitioners, who are in India, got telephonic calls regarding this. While he was taking the bench through the petition, Justice Kant said, "When the country is going through a difficult time, you come out with such fanciful ideas!"Justice Kant also posed questions regarding the claims of phone calls received by the petitioner. Gonsalves said, "This is a tape recording from shores of Myanmar. Govt can verify, no problem. This is our relative who was deported."Justice Kant asked how the petitioner, who is stated to be in Delhi, could verify the allegations regarding the forcible throwing into the sea from the Andaman shores. Gonsalves reiterated that the petitioner got phone calls.Gonsalves also informed the Court that the United Nations Human Rights Office of the High Commissioner has taken note of the issue and started an inquiry into the matter. Justice Kant asked him to place the UN-OHCHR report on record. "Place these reports on record..we will see.. all these people who are sitting outside cannot challenge our sovereignty." Justice Kant said.When Justice Kant said that he would tag the petition with the pending cases on Rohingyas' issues, Gonsalves sought for an urgent interim order staying the deportation of Rohingyas.The senior counsel placed reliance on the judgment in NHRC v. State of Arunachal Pradesh, which held that even non-citizens are entitled to fundamental rights of life and liberty and prevented the unlawful eviction of Chakma people. However, Justice Kant pointed out that in the said case, the Union Government had told the Court that grant of Indian citizenship for Chakmas was under consideration, and the Court's relief was granted in that context.Justice Kant further said that there was a "serious dispute" as to whether Rohingyas are refugees or not. At this juncture, Gonsalves referred to the judgment of the International Court of Justice, which held that Rohingyas were facing genocide threats in Myanmar. Justice Kant, however asked what was the "alarming material" which the petitioners got after the similar cases were adjourned on May 8. Gonsalves explained that information about this petition was received after the Court passed its order on May 8."Everyday you keep collecting from social media..." Justice Kant commented. Gonsalves denied, saying that the petitioners/their counsels are in direct touch with the Rohingya community. "We are in touch with the refugees. Today there are 8000 in country with UNHCR cards. Are the 600 in Delhi going to be put in war zone?" he asked.A 3-judge bench led by Justice Kant on May 8 expressed that if Rohingyas do not have a right to stay in India, they would have to be deported as per law. "if they have a right to stay here, that should be acknowledged, and if they don't have a right to stay here, then they will follow the procedure and deport as per law", the judge said.On the said date, it was brought to the notice...

'Beautifully Crafted Story' : Supreme Court Questions Claim That Rohingyas Were Thrown Into Sea; Refuses Stay On Deportation

Debby Jain

"People who are sitting outside cannot challenge our sovereignty," bench said when petitioner cited a UN report.

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