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'Refugees or illegal entrants?' SC questions Rohingyas' status in India; outlines other issues raised in related pleas

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NEW DELHI: The Supreme Court on Thursday outlined the determination of the Rohingyas ' status - whether they are refugees or illegal entrants in India- as the first major issue to be dealt with, in cases concerning them .

A bench of Justices Surya Kant, Dipankar Datta and N Kotiswar Singh noted that once that matter is decided, only then the other issues might be consequential.

Also Read: Supreme Court irked by repeated PILs to stop Rohingya deportation

The bench made the observation while hearing a batch of pleas concerning Rohingyas in the country.


"The first major issue is simple, are they refugees or illegal entrants," Justice Kant observed, according to news agency PTI.

"Whether the Rohingyas are entitled to be declared as refugees? If so, what protections, privileges or rights they are entitled to?" he added.

According to the bench, the second issue is that if the Rohingyas are illegal entrants, and not refugees, then whether there deportation by the Centre or states, is "justified."

Also Read: Right to reside in India only for citizens; Rohingyas must go, says Supreme Court

The court further stated that the other issue raised in the petitions is whether the Rohingyas who have not been detained and are living in refugee camps, have been provided basic amenities such as drinking water, sanitation, and education.

The judges also asked why these petitions were tagged for hearing. The counsel appearing for the petitioners replied that there were "overlapping issues" in the pleas, and one of the core matters pertained to the detention of Rohingyas.

One of the lawyers stated that the Rohingyas cannot be detained indefinitely.

Also Read: NGO seeks schooling for Rohingya kids, SC asks if they’re legal migrants

The bench segregated the pleas in three groups - one relating to Rohingyas, another not pertaining to them, and one which pertained to a completely different matter but related to them.

It fixed each matter to be heard separately on consecutive Wednesdays.
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