A public interest litigation (PIL) has been filed in the Supreme Court seeking the release of Rohingya refugees who have been detained indefinitely in India for two years or more.
The PIL, brought forward by advocate Ujjaini Chatterji, challenges the ongoing detention of these refugees, including women and children, arguing that it violates established legal procedures.
The plea calls for the release of Rohingya detainees held under the Foreigner’s Act, 1946, and the Passport (Entry into India) Act, 1929, provided that reasonable restrictions are imposed.
The petition also demands a detailed account of all Rohingyas detained across India, including their names, genders, ages, and details of their detention orders.
It further seeks information on the last communications with the Myanmar embassy regarding deportation and personal data assessments related to their refugee status.
Moreover, the PIL requests that the refugee status claims of these detained Rohingyas be assessed within three months as per the Standard Operating Procedure of 2019. It suggests either granting them Long Term Visas (LTV) or facilitating their resettlement in a third country.
The petitioner, Rita Manchanda, an expert in South Asian conflicts and peace-building, highlighted in her report that the detained Rohingyas were not given any notice or opportunity to present their case as refugees.
The report emphasises that despite being stateless, these individuals have not been provided with identity documents, LTV, or any arrangements for third-country resettlement.
The PIL clarifies that the prayers are not aimed at opposing deportation or securing a right to residence in India but are focused on challenging the practice of indefinite detention.
This matter is scheduled to be heard by a bench led by Chief Justice of India DY Chandrachud, alongside Justices JB Pardiwala and Manoj Misra, on August 12.
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