S. A. BOBDE, A. S. BOPANNA, V. RAMASUBRAMANIAN
Mohammad Salimullah – Appellant
Versus
Union of India – Respondent
ORDER :
1. Pending disposal of their main writ petition praying for the issue of an appropriate writ directing the respondents to provide basic human amenities to the members of the Rohingya Community, who have taken refuge in India, the petitioners who claim to have registered themselves as refugees with the United Nations High Commission for refugees, have come up with the present interlocutory application seeking (i) the release of the detained Rohingya refugees; and (ii) a direction to the Union of India not to deport the Rohingya refugees who have been detained in the subjail in Jammu.
2. We have heard Sh. Prashant Bhushan, learned counsel and Sh. Colin Gonsalves, learned senior counsel appearing for the applicants/writ petitioners, Sh. Tushar Mehta, learned Solicitor General appearing for the Union of India, Sh. Harish Salve, learned senior counsel appearing for the Union Territory of Jammu & Kashmir, Sh. Vikas Singh and Sh. Mahesh Jethmalani, learned senior counsel appearing for persons who seek to implead/intervene in the matter.
3. Sh. Chandra Uday Singh, learned senior counsel representing the Special Rapporteur appointed by the United Nations Human Rights Council also attem
Deportation of Rohingyas from Jammu to Myanmar – Right not to be deported, is ancillary or concomitant to right to reside or settle in any part of territory of India guaranteed under Article 19(1)(e)....
The welfare of the detainees, especially family members, should be considered in decisions regarding their detention and transfer.
The main legal point established in the judgment is the fulfillment of statutory requirements for Indian citizenship by birth and the consideration of public interest in issuing passports to non-citi....
The wrongful detention of a minor, without adequate consideration of human rights and refugee status, constitutes a misuse of executive discretion under immigration law.
Habeas corpus applications are essential in safeguarding personal liberty; courts must inquire into detainees' circumstances, particularly regarding minors and refugees, ensuring adherence to legal s....
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