Rohingyas detained not to be deported without process: SC

New Delhi: The Supreme Court Thursday made it clear that Rohingyas, who have been detained in Jammu, shall not be deported to Myanmar unless the procedure prescribed for such deportation is followed by the authorities.

A bench headed by Chief Justice S A Bobde said it is true that rights guaranteed under Articles 14 and 21 of the Constitution are available to all the persons who may or may not be citizens but the right not to be deported, is ancillary or concomitant to the right to reside or settle in any part of India.

While Article 14 deals with equality before law, Article 21 deals with protection of life and personal liberty.

The bench, also comprising Justices A S Bopanna and V Ramasubramanian, passed the order on an application seeking release of detained Rohingya refugees and also a direction to the Centre not to deport those who have been detained in the sub-jail in Jammu.

The apex court noted that two serious allegations have been made in the Centre's reply in the matter which relates to threat to internal security and that agents and touts are providing a safe passage into India for illegal immigrants due to the porous nature of landed borders.

The bench also noted the Centre's contention that a similar application challenging the deportation of Rohingyas from Assam was dismissed by the top court in October 2018.

Therefore, it is not possible to grant the interim relief prayed for. However, it is made clear that the Rohingyas in Jammu, on whose behalf the present application is filed, shall not be deported unless the procedure prescribed for such deportation is followed. Interlocutory application is disposed of accordingly, the bench said in its order. It is also true that the rights guaranteed under Articles 14 and 21 are available to all persons who may or may not be citizens.