In Response to the Writ petition filed in Supreme court by Prashant Bhushan In Favour of Rohingyas, the central government has filed an affidavit listing out reasons justifying the proposed deportation of the refugees from Myanmar.
At the outset, the affidavit, filed by Joint Secretary (Foreigners) of the Home Ministry, VP Mittal, states that certain facts which have a bearing on national security are not averred therein.
The Centre further said in its affidavit in the SC that militant elements among the Rohingya are active in Delhi, Hyderabad, Mewar and Jammu. It added there is an “organised network of touts operating in Myanmar and West Bengal and Tripura to facilitate the influx of illegal Rohingya” refugees into India.
In its 15 page affidavit, filed in the SC on a plea by the Rohingya against their deportation, the Centre clearly said the SC shouldn’t interfere in executive policy dealing with illegal Rohingya migrants. Central Govt. in affidavit clearly said that,
“India, as a sovereign nation, has the first and the foremost constitutional duty and obligation towards its citizens to ensure that demographic and social structure of the country is not changed to their detriment, the resulting socio-economic problems do not occur to the prejudice of its citizens and most important resources of the nation are utilized to fulfil the fundamental rights of its own citizens and are not diverted to the detriment of the citizens of India due to the influx of illegal immigrants into the territory of India. Whenever the country faces a problem of influx of illegal immigrants, the Central Government, in the exercise of its executive functions, takes policy decision depending upon several facts, parameters, diplomatic and other considerations, potential dangers to the nation etc. When such decisions are taken to protect and preserve the fundamental rights of the citizens of the country and on consideration of various non-justiciable factors, this Hon’ble Court may not invoke its jurisdiction under Article 32 of the Constitution of India. so far as India is concerned, national security considerations rank the highest on country’s list of priorities given its geopolitical influence in the region and its vulnerability to cross-border infiltration due to the porous nature of its borders which our country shares with many countries.”
The Centre has thus prayed that the Court decline to interfere in the policy decision of the government to deport the Rohingyas. there was an impressive lineup of eminent lawyers present in the SC who appeared for the Rohingya refugees and against their deportation. They included Fali Nariman, Kapil Sibal, Rajeev Dhawan, Colin Gonsalves, Ashwani Kumar and Prashant Bhushan.