New Delhi: The Supreme Court on Monday declined to entertain a plea against deportation filed by a Sri Lankan national. The man has also served a jail term. The apex court remarked that “India is not a dharamshala (sanctuary) that can host refugees from across the globe.”
A bench comprising Justices Dipankar Datta and K Vinod Chandran observed, “Is India to host refugees from all over the world? We are already struggling with a population of 140 crore. This is not a dharmshala where we can entertain foreign nationals from everywhere”, reported India Today.
Petitioner a Sri Lankan Tamil
The petitioner in the case, who prayed against deportation in the Supreme Court is a Sri Lankan Tamil. He sought protection from deportation citing a threat to his life, if he were to return to his home in Sri Lanka.
The judges were however not convinced and remarked, “Go to some other country.” The Supreme Court was hearing the plea which challenged an order of deportation passed by the Madras High Court, against the petitioner.The Madras High Court in its order had directed the petitioner to be deported immediately after completing his 7 year jail term. The man had been serving a jail term, having been convicted under the Unlawful Activities (Prevention) Act.
The petitioner’s counsel argued in the Supreme Court that his client had been under detention for 3 years post sentencing in the case. During this time there was no initiation of deportation proceedings in the case. He also told the court that the man entered India on a valid Visa and if deported. he faces a serious threat to his life in Sri Lanka.
The bench however asked the petitioner, “What is your right to settle here?” The lawyer for the man replied that his (the man’s) wife and children were already settled in India and that he was a refugee.
Justice Datta however dismissed the argument, saying that Article 21 had not been violated in the case, as the Sri Lankan national was detained in accordance with the law. He also said that Article 19 gives the fundamental right to settle in India to only Indian citizens and not to foreigners, and hence does not apply to the petitioner.
