2019 (12) TMI 1663 - HC - Indian Laws

Court Halts Rohingya Deportation, Ensures Basic Rights and Amenities Pending Further Hearing.

The HC addressed the plight of petitioners from the 'Rohingya' Community facing deportation to Myanmar. The court recognized the risk of deportation as a ... Interim injunction against deportation - fundamental rights and basic human dignity - provision of basic amenities - regulated access to counselInterim injunction against deportation - fundamental rights and basic human dignity - Respondents restrained from deporting the petitioners during the pendency of the writ petition. - HELD THAT: - The court, having regard to the petitioners' claim of having completed their sentences and the asserted risk to their lives if returned to Myanmar, held that minimal protective relief is warranted pending adjudication of the writ petition. Emphasising the petitioners' entitlement to basic human rights consonant with the Constitution and norms of civilized society, the court directed that respondents shall not deport the petitioners until the petition is finally disposed of, while permitting the respondents to observe procedural safeguards and verification by filing affidavits in opposition within the timetable fixed by the court. [Paras 3, 4, 7, 9]Deportation of the petitioners is stayed during the pendency of the writ petition.Provision of basic amenities - regulated access to counsel - Respondents directed to ensure provision of basic amenities to the petitioners and to permit monitored access by petitioners' counsel. - HELD THAT: - The court ordered that the petitioners be provided with basic amenities compatible with a life worthy of respect while the matter is pending, as a necessary adjunct to the protective injunction. The court further authorised advocates representing the petitioners to have access to them, subject to the respondents' ability to monitor timing and, at respondents' discretion, to supervise the access, thereby balancing the petitioners' right to legal representation with administrative concerns. [Paras 7, 10]Respondents must supply basic amenities to the petitioners and permit counsel access on the limited, monitored terms directed.Final Conclusion: Interim relief granted: respondents restrained from deporting the petitioners and directed to ensure basic amenities and regulated access to counsel; parties to file affidavits within the timetable fixed and matter posted for further hearing. Issues:1. Petitioners belonging to the 'Rohingya' Community facing deportation to Myanmar.2. Allegation of completed sentence and risk of deportation tantamount to a death sentence.3. Request for Ministry of External Affairs of the Union of India to be heard.4. Imminent plight of petitioners and the need for basic human rights protection.5. Direction to file affidavits-in-opposition and injunction against deportation.6. Provision of basic amenities and access to petitioners' representatives.Analysis:Issue 1: The petitioners, belonging to the 'Rohingya' Community, are facing deportation to Myanmar, where they are stateless due to Myanmar disowning them. Despite representation for respondent nos. 1 to 5, proforma respondents did not appear.Issue 2: The petitioners have allegedly completed their sentence for offenses against them while detained by respondent nos. 1 to 5. Deportation to Myanmar is argued to be equivalent to a death sentence due to the dire situation faced by the 'Rohingya' Community in Myanmar.Issue 3: The Ministry of External Affairs of the Union of India is considered a necessary party and should be heard regarding the situation. An adjournment is sought on behalf of the Union of India.Issue 4: Recognizing the imminent plight of the petitioners and the need to uphold their basic human rights, the court emphasizes the importance of providing minimum protection until the writ petition is decided.Issue 5: Respondents are directed to file affidavits-in-opposition by a specified date and are restrained from deporting the petitioners during the pendency of the writ petition. The court ensures that the petitioners receive basic amenities and grants access to their representatives, subject to monitoring by the respondents.Issue 6: The matter is scheduled for the next hearing on a specified date to continue addressing the concerns and rights of the petitioners, emphasizing the importance of upholding humanitarian principles and fundamental rights.