New Delhi- The Supreme Court on Friday rebuked petitioners who alleged that 43 Rohingya refugees—including women and children—were forced onto boats in the Andaman Sea as a means of covert deportation to Myanmar, reported the NDTV.
A vacation Bench of Justices Surya Kant and N. Kotiswar Singh questioned the authenticity of the claims brought by petitioner Mohd Ismail and others, represented by senior advocate Colin Gonsalves. Describing the narrative as “a beautifully crafted story using flowery language,” Justice Kant said the supporting material appeared to rely heavily on unverified social-media posts.
“When the country is facing a difficult time, you approach us with such fanciful ideas,” Justice Kant remarked, asking, “Where is the material substantiating these allegations?”
The petitioners claimed that audio calls with the deported refugees proved they were abandoned at sea. The Bench, however, noted that the source and veracity of the calls had not been verified. Drawing a parallel with phone-fraud hotspots, Justice Kant quipped that numbers “can originate from anywhere, even Jamtara posing as the US or UK.”
When Mr Gonsalves cited a preliminary inquiry launched by the UN Human Rights Office, the court retorted that “people sitting outside cannot dictate the sovereign functions of Indian authorities.”
Although the court declined to halt future deportations—citing a 2021 order that permits removal of foreigners under the Foreigners Act—it directed the petition to be served on the offices of the Attorney General and Solicitor General so the government could respond. The matter will next be heard by a three-judge Bench on July 31.
Solicitor General Tushar Mehta underscored that India is not a signatory to the 1951 Refugee Convention and reiterated the Centre’s duty to enforce the Foreigners Act. The court reaffirmed that while Articles 14 and 21 extend to all persons, the right not to be deported is tied to the constitutional right under Article 19(1)(e) to reside and settle in India—available only to citizens.
The Bench concluded that without prima facie evidence, it could not stay deportations already sanctioned by a larger Bench, stating bluntly: “Every day you come with a new story. Show us the proof.”
