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Find Balance Between Human Rights and Security, SC Tells Govt on Rohingya

Senior advocate Prashant Bhushan, appearing for the petitioner, said the court has ordered the government not to deport any Rohingya Muslims till it decides on the matter.

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Updated:October 13, 2017, 5:35 PM IST
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Find Balance Between Human Rights and Security, SC Tells Govt on Rohingya
File photo of a group of Rohingya refugees taking shelter. (Reuters)
New Delhi: The Supreme Court on Friday told the Centre to be sensitive to the plight of Rohingya Muslims and urged it to strike a balance between human rights and national security when it comes to dealing with refugees in the country.

Saying that the court can’t be oblivious to plight of innocent kids and women, the SC pitched for a balancing act and said there are various issues to consider. Senior advocate Prashant Bhushan, appearing for the petitioner, said the court has ordered the government not to deport any Rohingya Muslims till it decides on the matter. The court deferred the matter to November 21.

The government in its affidavit in the Supreme Court had called Rohingya immigrants a “security threat to India” and said that as per law, it is completely “illegal” for them to stay in India.

The affidavit stated that subject matter of the petition to stop deportation of Rohingya is not "justiciable", as the fundamental rights of Indian citizens would be adversely affected.

"There is serious national security threat/concern and when a just and fair procedure prescribed by law exist for deportation, this Hon'ble Court may decline its interference, leaving to the Central Government to exercise its essential executive function by way of a policy decision in larger interest of the country," maintained the affidavit.

The Centre has argued that there are credible intelligence inputs against the Rohingya have terror links. The Centre has said that it is not only an issue of national security but also of diplomacy and hence the Supreme Court must not intervene in the policy decision of deportation under Article 32 of the Constitution.
 
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