The Supreme Court on Thursday said the first major
issue to be dealt with in cases concerning Rohingyas is whether they are
refugees or illegal entrants.
A bench of Justices Surya Kant, Dipankar Datta and N
Kotiswar Singh said once that is decided, the other issues might be
consequential.
The court observed this while hearing a batch of
pleas concerning Rohingyas in the country.
"The first major issue is simple, are they
refugees or illegal entrants," Justice Kant observed.
The bench took note of the broad issues that arise
for its consideration in the pleas relating to Rohingyas.
"Whether the Rohingyas are
entitled to be declared as refugees? If so, what protections, privileges or
rights they are entitled to?" the bench said.
It said the second issue is if the Rohingyas are not
refugees and are illegal entrants, whether the action of the Centre and states
in deporting them was justified.
"Even if the Rohingyas have been held to be
illegal entrants, can they be detained indefinitely or they are entitled to be
released on bail, subject to such conditions as the court may deem fit to be
imposed?" it asked.
The court said the other issue raised in the
petitions is whether the Rohingyas, who have not been detained and are living
in refugee camps, have been provided basic amenities like drinking water,
sanitation and education.
"If the Rohingyas are illegal entrants, whether
the Government of India and the states are obligated to deport them in
accordance with law," it noted.
The bench segregated the pleas in three groups --
one relating to Rohingyas, another not pertaining to the issue of Rohingyas and
one plea that it said pertains to a different matter altogether.
It said the three groups of matters would be
determined separately and it would fix those for hearing on consecutive
Wednesdays.
The bench indicated that on the point of those who
were found to be illegal entrants and on the question of the State's
responsibility to deport them, it could only lay down the principles.
During the hearing, the bench asked why these
petitions were tagged for hearing.
The counsel appearing for the petitioners said there
were overlapping issues in the pleas and one of the core issues pertained to
the detention of Rohingyas.
One of the lawyers said the Rohingyas cannot be
detained indefinitely.
On May 16, the apex court had rapped some
petitioners who had claimed that 43 Rohingya refugees, including women and
children, were dropped in the Andaman sea for deportation to Myanmar and said
"when the country is passing through a difficult time, you come out with
fanciful ideas".
It had questioned the authenticity of the material
placed before it by petitioner Mohammad Ismail and others and refused to stay
any further deportation of Rohingyas, saying a similar relief was denied by the
court earlier.
On May 8, the top court had said if the Rohingya
refugees in the country were found to be foreigners under Indian laws, they
would have to be deported.
The court had then referred to its earlier order and
remarked that the identity cards issued by the United Nations High Commissioner
for Refugees (UNHCR) may not be of any help to them under the laws.