'Are Rohingyas Refugees Or Illegal Entrants?' Supreme Court Flags Core Question
The Supreme Court on Thursday said the key issue in the ongoing cases concerning Rohingyas in India is to determine whether they are refugees or illegal entrants.
The court made this observation while hearing a batch of petitions related to the status and treatment of Rohingyas living in the country.
A bench comprising Justices Surya Kant, Dipankar Datta and N Kotiswar Singh said that once this primary issue is resolved, other related matters can be considered.
'The first major issue is simple, are they refugees or illegal entrants?" Justice Kant noted during the hearing.
The bench outlined several questions arising from the petitions. If the Rohingyas are declared refugees, the court will have to consider what protections, privileges or rights they are entitled to under Indian and international law. However, if they are found to be illegal entrants, the court must then examine whether actions taken by the Centre and state governments to detain or deport them are legally justified.
The court also questioned whether those deemed illegal entrants can be held in detention indefinitely or if they should be granted bail under conditions set by the court.
Another concern raised was the condition of Rohingyas living in camps, who are not currently detained. The court asked whether these individuals are being provided with basic facilities such as clean drinking water, sanitation, and education.
The bench said the petitions would be grouped into three categories: those directly relating to Rohingyas, those that do not, and one separate matter. These groups will be heard on consecutive Wednesdays.
The court stressed that it could only lay down guiding legal principles, especially on the issue of deportation for those considered illegal entrants.
During the proceedings, some lawyers argued that Rohingyas cannot be detained without limit. Others referred to past claims that 43 Rohingyas, including women and children, were left in the Andaman Sea for deportation, a claim the court previously dismissed as unsubstantiated.
The Supreme Court has earlier stated that if Rohingyas are found to be foreigners under Indian law, they would have to be deported, regardless of UNHCR identity cards.
The matter will continue to be heard in the coming weeks.
(With inputs from PTI)
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July 31, 2025, 17:16 IST
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