Will follow Supreme Court’s order on Rohingya: Karnataka in affidavit

The Karnataka government petition sought an order from the court to identify, detain and deport illegal immigrants and infiltrators including Bangladeshis and Rohingyas within a year.

In less than three weeks after the Karnataka government told the Supreme Court that it does not intend to deport or take any coercive action against Rohingya Muslims, the state government has filed a fresh affidavit, leaving it open for the court to determine the action to be taken against these refugees.

Three weeks ago, the Karnataka government told the Supreme Court that it does not intend to deport or take any coercive action against Rohingya Muslims. (HT FILE)

The change of stand became visible when the state filed its second affidavit in response to a petition filed by a lawyer and BJP leader Ashwini Kumar Upadhyay on October 26. The petition sought an order from the court to identify, detain and deport illegal immigrants and infiltrators including Bangladeshis and Rohingyas within a year.

The new affidavit filed by KN Vanaja, Under secretary in the state department of home, disclosed that a total of 126 Rohingyas have been identified in the state who are not staying in any camp or detention centre. “This respondent undertakes that whatever the order that would be passed by this Court will be scrupulously adhered and followed in its letter and spirit,” the affidavit said.

What this affidavit lacked was the clear assertion made by the state in its previous affidavit filed on October 7 responding to the same petition where it was said, “72 Rohingyas identified in Bengaluru city are working in various fields and Bengaluru city police have not taken any coercive action against them as of now and there is no immediate plan of deporting them.” This affidavit was filed by YS Chandrashekhara, police inspector in the office of Director General and Inspector General of Police.

This response by the Basavaraj Bommai-led government of the Bhartiya Janata Party (BJP) did evoke an element of surprise as the national party in power at the Centre had taken a firm stand against the continuation of Rohingya immigrants in the country. In an affidavit filed September 2017, in response to a petition filed by two Rohingya immigrants seeking refugee status, the Ministry of Home Affairs said, “Continuance of Rohingyas’ illegal immigration into India and their continued stay has serious national security ramifications and threats.”

The affidavit had then estimated there are over 40,000 Rohingyas Muslims in the country and disclosed that intelligence inputs gathered against them pointed out their links with Pakistan-based terror organizations and who are indulging in anti-national activities such as mobilization of funds through hawala channels, procuring fake identities and indulging in human trafficking.

It was for this reason, Upadhyay in his petition filed in 2017 demanded the Centre and state governments to amend their laws to make illegal immigration and infiltration a cognizable, non-bailable and non-compoundable offence. In addition, he sought directions from the Court to declare the preparation of forged/fabricated PAN Cards, AADHAR cards, Passport, ration cards and Voter I-cards and such other identity documents a non-bailable, non-compoundable offence.

The earlier response by Karnataka urged for dismissal of the petition by saying, “The Petition is devoid of merits. Hence, the petition is liable to be dismissed.” However, the recent affidavit has steered clear of this stand and has left it to the courts for deciding the issue.