2019 (12) TMI 1663 - HC - Indian Laws

Disowning of petitioner by Myanmar - completion of sentence for the alleged offences - It is argued that such deportation would tantamount to a death sentence against the petitioners in view of the plight of the petitioners in Myanmar which country has the declared policy of an all-out onslaught on the said Rohingya Community. HELD THAT - In view of the imminent plight of the petitioners who despite having basic human rights in consonance with the Fundamental Rights provided by the Constitution of India as well as the U.N. Charter and the norms of any civilized society a minimum protection ought to be given to the petitioners till the writ petition is decided in order to uphold the spirit of humanity if not the Fundamental Rights enshrined in the Constitution of India which is the grundnorm of all Indian statutes - the respondents are directed to file their affidavit(s)-in-opposition within January 10 2020. Reply/replies if any shall be filed by the petitioners within January 17 2020. Let the matter appear next For Hearing on January 20 2020.

Summary

Issues:
1. Petitioners belonging to the "Rohingya" Community facing deportation to Myanmar.
2. Allegation of completed sentence and risk of deportation tantamount to a death sentence.
3. Request for Ministry of External Affairs of the Union of India to be heard.
4. Imminent plight of petitioners and the need for basic human rights protection.
5. Direction to file affidavits-in-opposition and injunction against deportation.
6. Provision of basic amenities and access to petitioners' representatives.

Analysis:

Issue 1: The petitioners, belonging to the "Rohingya" Community, are facing deportation to Myanmar, where they are stateless due to Myanmar disowning them. Despite representation for respondent nos. 1 to 5, proforma respondents did not appear.

Issue 2: The petitioners have allegedly completed their sentence for offenses against them while detained by respondent nos. 1 to 5. Deportation to Myanmar is argued to be equivalent to a death sentence due to the dire situation faced by the "Rohingya" Community in Myanmar.

Issue 3: The Ministry of External Affairs of the Union of India is considered a necessary party and should be heard regarding the situation. An adjournment is sought on behalf of the Union of India.

Issue 4: Recognizing the imminent plight of the petitioners and the need to uphold their basic human rights, the court emphasizes the importance of providing minimum protection until the writ petition is decided.

Issue 5: Respondents are directed to file affidavits-in-opposition by a specified date and are restrained from deporting the petitioners during the pendency of the writ petition. The court ensures that the petitioners receive basic amenities and grants access to their representatives, subject to monitoring by the respondents.

Issue 6: The matter is scheduled for the next hearing on a specified date to continue addressing the concerns and rights of the petitioners, emphasizing the importance of upholding humanitarian principles and fundamental rights.