Supreme Court to hear plea in March seeking release of detained Rohingya refugees

Supreme Court/ File pic

The Supreme Court agreed to hear in March a plea requesting the release of Rohingya refugees who have allegedly been detained illegally and arbitrarily across various jails and detention centres in India.

Advocate Prashant Bhushan, representing petitioner Priyali Sur, told the bench of Justices BR Gavai and Sandeep Mehta that the case has not been posted for hearing following which they agreed to list it, reported PTI.

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Per the PTI report, despite the issuance of notice to the Union of India, Bhushan informed the court that the government has not yet filed its response and said many Rohingya refugees were languishing in Indian prisons. The apex court acknowledged the need for an urgent hearing and assured that the matter would be listed for hearing in March.

Reportedly, the apex court on October 10, last year, issued a notice to the Centre and sought its response in four weeks.

The plea, filed by Sur, highlighted that Rohingya refugees have been detained in facilities across India. She sought their release to preserve their right to life and equality under Articles 21 and 14 of the Constitution, the report stated.

Sur, in her plea, also highlighted the persecution they face in Myanmar and the United Nations ascribed status of the world's most persecuted ethnic minority. She also stated that the Rohingyas despite being recognised as refugees by the UNHCR, are labelled as "illegal immigrants" and are subjected to inhumane treatment.

"They have a history of statelessness since 1980, primarily as a consequence of the 1982 Citizenship Law enacted in Mynamar, which effectively stripped them of their citizenship," Sur's plea was cited in the PTI report.

"These include arbitrary arrests and unlawful detentions, limits on freedom of movement outside camps, limited access to education, limited or no access to basic healthcare and legal services or any formal employment opportunities," the plea further said.

According to the PTI report, the petition requests the release of Rohingya refugees who have been unjustly and arbitrarily incarcerated in jails and detention centres, as well as an order to prohibit arbitrary imprisonment under the Foreigners Act. It highlights the infringement of their constitutionally guaranteed fundamental rights to life and equality.