SC Pulls Up Advocate for Repeated PILs Against Rohingya Deportation

The Supreme Court on Friday expressed strong displeasure over repeated Public Interest Litigations (PILs) challenging the deportation of Rohingya Muslims, questioning the basis for seeking a modification of its earlier order that had refused relief.

A bench comprising Justices Surya Kant and N Kotiswar Singh admonished senior advocate Colin Gonsalves for filing multiple petitions on the same issue without presenting any fresh or credible material. "You cannot come up with fanciful PILs like this. There is no material to support vague and sweeping allegations made in the petition," the bench remarked.

On May 8, a three-judge bench of Justices Surya Kant, Dipankar Datta, and N Kotiswar Singh had declined to grant interim relief against the apprehended deportation of Rohingyas. The court had held that since Rohingyas are not Indian citizens, they do not have a right to reside in the country.

During Friday’s hearing, Gonsalves informed the court that the Centre had deported 28 Rohingyas on May 8 itself. According to him, the individuals were handcuffed, taken to the Andaman Islands, provided life jackets, and forced towards Myanmar. He claimed that after reaching Myanmar, they contacted relatives in Delhi with the help of local fishermen and reported facing imminent threats to their lives.

However, the bench dismissed the claims as unverified and unsupported. “These are bald averments. Who is there to verify that these facts are true to his knowledge?” the bench asked, reiterating the need for "prima facie credible material" before granting any relief contrary to the May 8 ruling.

Solicitor General Tushar Mehta, representing the Centre, pointed out that India is not a signatory to the UN Convention on Refugees and also questioned the legitimacy of the United Nations High Commissioner for Refugees (UNHCR) in granting refugee status to Rohingyas from Myanmar.

Gonsalves cited a previous Supreme Court judgment on the protection of Chakma refugees and referred to a UN report and an International Court of Justice (ICJ) order to argue that Rohingyas should be treated as refugees whose lives are under threat and thus deserve protection.

“We do not want to comment on the UN Report today,” the bench said, scheduling the matter — along with other related pending petitions — for detailed hearing on July 31. Gonsalves expressed concern that this delay could facilitate further deportations, stating that over 8,000 Rohingyas are currently residing in India, including around 800 in Delhi.

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