PIL in SC seeks release of Rohingya refugees detained indefinitely in India

New Delhi, Aug 11: A public interest litigation (PIL) has been filed before the Supreme Court seeking direction to the Centre to release the Rohingya refugees who have been indefinitely detained for two years or above.

The PIL, drawn by advocate Ujjaini Chatterji, challenges the indefinite detention of the Rohingya asylum seekers and refugees, including young women and children, in India, in “violation of the procedures established by law.” The plea seeks direction to direct the respondent authorities to release the Rohingya detainees who are held for over two years under the Foreigner’s Act, 1946, and the Passport (Entry into India) Act, 1929, subject to any reasonable restrictions.

Further, it seeks names, genders and ages of all Rohingyas across India who are indefinitely detained, along with their detention orders, last communication with the embassy of Myanmar regarding deportation, personal data, assessment forms and final orders of rejection of refugee status. The PIL also prays for the assessment of the refugee status claims of the detained Rohingyas within three months as per the Standard Operating Procedure, 2019 and to either grant the Rohingyas Long Term Visas (LTV) or arrange for their third-country resettlement.

The petitioner, Rita Manchanda, a distinguished scholar specialising in South Asian conflicts and peace-building, found in her report that the detained Rohingyas were never served any notice or given an opportunity to present their cases of being refugees. “The report highlights that even after being rendered stateless, the Rohingyas have not been provided any identity documents, LTV or a third country resettlement,” the plea said, adding that the prayers in PIL are not against deportation or for seeking a right to residence in India but against indefinite detention. As per the causelist published on the website of the apex court, the matter will be heard by a bench headed by CJI DY Chandrachud and comprising Justices JB Pardiwala and Manoj Misra on August 12.