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Andhra Pradesh HC seeks state govt response on former CM YS Jagan Mohan Reddy Z+ security plea

Andhra Pradesh HC seeks state govt response on former CM YS Jagan Mohan Reddy Z+ security plea

Time of India09-05-2025

Former CM YS Jagan Mohan Reddy
VIJAYAWADA: The high court on Friday directed the state government to file a response to the petition filed by former chief minister Y. S.
Jagan Mohan Reddy
, seeking directions to restore his security cover to Z+ category. Jagan
Mohan Reddy
sought
Central Reserve Police Force
(
CRPF
) security, contending that the state government is intentionally ignoring his security.
Arguing on behalf of Jagan Mohan Reddy, Y.
Nagi Reddy
said that the state government had completely failed in providing adequate security to a former chief minister. The security cover of Jagan Mohan Reddy was reduced from 138 to 58, and a series of recent incidents reported indicate a serious cause for concern, said Nagi Reddy.
Responding on behalf of the state government, Advocate General
Dammalapati Srinivas
told the high court that a similar petition was filed earlier and the same is pending for adjudication.
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Nagi Reddy said that despite the filing of a writ petition, there is no progress in providing security to the former chief minister. He said that the fresh petition was filed with a different prayer, making the Union government a party respondent for CRPF security cover. He said that the state government is intentionally not providing security to Jagan Mohan Reddy.
Considering the arguments on both sides, Justice S.
Subba Reddy
asked what the guidelines are for providing security cover.
by Taboola
by Taboola
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The government pleader, P. Punna Rao, sought time to submit relevant guidelines and to file a detailed counter.
Taking the submissions of both sides into consideration, Justice Subba Reddy posted the matter for further hearing after the summer vacation. Nagi Reddy pressed for an early hearing before the vacation bench, arguing that the life and liberty of the petitioner are at stake. However, the High Court negated the request and said that the matter will be taken up for hearing after the summer vacation.

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Until recently, 'pushbacks' meant that the Assam border police or the Border Security Force would stop individuals they spotted trying to enter India from Bangladeshi territory and force them to return or would 'push back' those who had managed to cross the border into India. 'But those were ad hoc cases,' Choudhury said. 'What we are seeing today seems to be a more large-scale systematic policy.' What is also unusual is India's decision to 'push back' refugees, said Nandita Haksar. 'The rate and cruelty with which refugees, including those recognised by the [United Nations High Commission for Refugees] are being deported even at the risk of their lives is new and disturbing,' she said. Ravi Nair agreed. 'India had pushed back people before…,' he said. 'But this kind of pure abduction and putting them into no man's land is clearly crossing the Rubicon.' Violation of domestic law and due process The legal process for deportations in India is articulated in a Standard Operating Procedure issued by the Union Ministry of Home Affairs in 2011. All deportations must be initiated by the Ministry of External Affairs sending the identity details of the apprehended foreigner to their country's embassy. The person can be deported only after confirmation of the person's nationality has been received through these diplomatic channels. The current 'pushback' policy bypasses these procedures, Nair said. 'We have to submit the names and the documents of alleged Bangladeshi nationals to the government of Bangladesh,' he said. 'Once those are verified and Bangladesh is willing to take them, then they are sent back. That is clearly not being followed.' Last month, Scroll reported that 40 Rohingya refugees who had been detained in Delhi alleged that they had been forced off a navy vessel in the Andaman Sea with life jackets on May 7 and told to swim towards Myanmar. Choudhury pointed out that the deportations of Rohingya refugees in this manner violated a 2021 order of the Supreme Court. In a case requesting a halt to the expulsions of Rohingya refugees, the court had said that they could be deported. But it explicitly mandated that deportations must adhere to due process, a directive that appears to be 'directly violated' by the current policy, Choudhury said. Breach of international law Experts told Scroll that 'pushing back' refugees violated India's obligations under international law and customary international law. The principle of non-refoulement, which prohibits states from returning individuals to a country where they would face persecution, is considered jus cogens – a peremptory norm of international law binding on all states. 'The principle of non-refoulement is also seen as a customary international law,' making it binding even if a country has not ratified specific conventions, Choudhury said. India is not a signatory to the 1951 Refugee Convention or its 1967 Protocol. 'But as a member of the UN General Assembly, which is the parent body of the United Nations High Commissioner for Refugees, India is strongly expected to adhere by customary international law,' he said. 'Customary law transcends treaty obligations.' He pointed out that India is a signatory to the Bangkok Principles on Status and Treatment of Refugees, issued in 2001, and the United Nations Global Compact on Refugees, which India signed in 2018. Both mandate non-refoulement as a principle to be upheld by their signatories. India is also a signatory to the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination Against Women. These treaties too contain provisions that implicitly or explicitly uphold the principle of non-refoulement, particularly concerning the right to family unity and protection from inhuman treatment, said Aman Kumar, a PhD candidate at the Australian National University who runs the Indian Blog of International Law. 'When you return female refugees back to Myanmar, or you separate children from their parents through deportations, you violate these treaties,' Kumar said. He noted that India had an 'extensive and wide record of accepting refugees as a state practice.' He pointed to asylum granted over the decades to tens of thousands of refugees from Sri Lanka, Pakistan, Afghanistan and Tibet, in stark contrast to the current Indian government's hostility towards Rohingya refugees. Scrutiny of policy unlikely Internationally, India's 'pushback' policy is likely to attract scrutiny from United Nations agencies. On May 15, the United Nations Special Rapporteur on the situation of Human Rights in Myanmar began an inquiry into alleged deportation of 40 Rohingya refugees from Delhi. The special rapporteur, Thomas Andrews, described these alleged acts as 'unconscionable' and 'unacceptable'. Many experts told Scroll that India is already receiving bad press on the issue internationally. However, direct action against India would face significant hurdles. If a country violates treaty obligations, action could be launched against it in the United Nations' International Court of Justice. But geopolitical realities often deter international action, Kumar said. 'India is too strategically important as a huge market and a potential alternative to China in the global supply chain,' he said. As a consequence, he does not foresee another country taking India to the International Court of Justice. In theory, Bangladesh – the country most affected by this policy – could start proceedings against India in the International Criminal Court, said Nair. 'Even though India is not a party to the International Criminal Court, Bangladesh is,' he said. 'A state party can bring a complaint against a non-state party before the court.' However, he said, that possibility was remote because Bangladesh is unlikely to want to aggravate India at a time of fraught relations between the two. Manchanda said that India may face some heat at the United Nations Human Rights Council's upcoming session on June 16. 'I expect that there will be statements made by civil society groups expressing outrage at what India is doing,' she said. She pointed out that in June 2024, the United Nations Committee on the Elimination of Racial Discrimination had called for India to refrain from forcibly detaining and deporting Rohingya refugees to Myanmar. But Manchanda said she was 'unsure about how much traction this would get.' Kumar did not believe the policy would be halted. 'Legally there is essentially nothing stopping India from continuing to carry out such deportations,' he said.

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