Plea filed in SC seeks release of Rohingyas detained in Jammu jail

According to the application, nearly 150 to 170 Rohingya refugees in Jammu were detained in a sub-jail on or around March 7 after verification by their embassy, and face the threat of being deported

An application has been moved in the Supreme Court to seek the release of over 150 Rohingya refugees detained in a Jammu sub-jail and stall their deportation by the Centre.

A view of the Supreme Court. (HT Archive)

The application was filed by two Rohingya Muslim refugees, Mohammad Salimullah and Mohammad Shaqir as part of a petition that has been pending the consideration of the top court since 2017.

According to the application, nearly 150 to 170 Rohingya refugees in Jammu were detained in a sub-jail on or around March 7 after verification by their embassy, and face the threat of being deported.

“Disturbing reports from the Rohingya families have come in that subsequent to a biometric verification of Rohingya refugees undertaken by the Jammu and Kashmir administration, some people never returned to the camps from the verification but were detained and jailed by the police,” stated the application filed on behalf of the two men by advocate Prashant Bhushan.

The jail where they have been detained has been converted into a holding centre and the Inspector General of Police (Jammu) has indicated that the detained refugees could be deported back to Myanmar, the application said.

On March 7 (Saturday), HT had reported that at least 155 illegal Rohingya immigrants who escaped persecution in Myanmar and were living in Jammu and Kashmir were on Saturday sent to a “holding centre”, under Section 3(2)e of the Foreigners Act. The immigrants were not holding valid travel documents required under Section (3) of the Passports Act, said officials. Inspector general of police (Jammu zone) Mukesh Singh had said on Saturday , “155 illegal immigrant Rohingyas staying in J&K were today sent to the holding centre established vide home department notification dated March 5, 2021,” adding, “This was done under section 3(2)e of the Foreigners Act. Due process of law was followed in this exercise. These immigrants were not holding valid travel documents required in terms of section (3) of the Passports Act.”

Bhushan asked the court to consider issuing directions to immediately release the refugees detained illegally and direct the government to grant them refugee identification cards through the Foreigners Regional Registration Office (FRRO). The application also included a request that the government not proceed with the deportation of the detained refugees, and instead, allow United National High Commission for Refugees (UNHCR) to intervene and determine the protection needs of the Rohingya refugees not just in Jammu but in camps across the country.

According to information provided in the application, there are close to 6,523 Rohingyas in Jammu who have escaped from Myanmar fearing persecution. Some of them have cards issued by UNHCR acknowledging their status as refugees. India does not have any legislation recognising refugees, but the country adheres to the principle of non-refoulement (not sending refugees to a place where they face danger) as part of the customary international law.

On March 10, HT had reported that the verification of illegal Rohingya immigrants in Jammu had halted for the third consecutive day, but 18 more immigrants were shifted overnight to the Hiranagar sub jail — a temporary holding centre in Kathua district — taking the total number of inmates to 197 on Tuesday. “The number of inmates at the holding centre is now 197. The figure had gone up to 199, but a couple was let off,” said an official, who didn’t wish to be quoted. The detentions have been made under Section 3(2) e of the Foreigners Act since the immigrants were not found with valid travel documents required in terms of Section (3) of the Passports Act, said a police official.

The original petition was filed by Mohammad Salimullah and Mohammad Shaqir in the Supreme Court, and the matter was last taken up in 2017. During those proceedings, the Centre had filed a scathing affidavit, accusing Rohingya Muslims in India of having links with Pakistan’s Inter-Services Intelligence and terror organisation Islamic State and thus posing a serious threat to national security.

But the petitioners, who represented the large population of Rohingya Muslims spread across India, told the court that military operations against Rohingyas led to a lot of bloodshed and violence, forcing a lot of them to seek safe haven in India. They opposed the government’s response and claimed it was wrong to label all Rohingya refugees as having links with terror outfits without any criminal case being lodged against them in this regard.

By an order dated October 13, 2017, the Supreme Court had allowed the two petitioners to move the court in case of any contingency. The present application was filed in light of this permission granted by the court.