Supreme Court to Hear Petition on Rohingya Refugees in Detention

On Thursday, the Supreme Court decided to hear a petition asking for the government to order the release of Rohingya refugees who have been "illegally and arbitrarily" imprisoned in prisons and detention facilities around the nation. The appeal was filed on Thursday.

Following the mention of the issue by counsel Prashant Bhushan, who said that the case has not been listed for hearing, a bench consisting of Justice B R Gavai and Justice Sandeep Mehta decided to list the petition.

Bhushan said that the Union of India has not yet made a response, even after notice was sent to the Center. He informed the Supreme Court that as a large number of Rohingya refugees had been left behind in various regions of the nation, the case requires an immediate hearing.

The Supreme Court said that the case would be posted in March.

On October 10 of last year, the Supreme Court sent a notice to the Center, requesting a response within four weeks.

In support of petitioner Priyali Sur, Bhushan said that several Rohingya refugees are being held in various institutions around the nation and that their release is necessary to safeguard their constitutional rights to equality before the law and to life as guaranteed by Articles 21 and 14.

The Rohingyas are an ethnic minority from Myanmar's Rakhine state, and the UN has called them the most oppressed ethnic group in the world, according to Sur's request.

"They have a history of statelessness since 1980, primarily as a consequence of the 1982 Citizenship Law enacted in Mynamar, which effectively stripped them of their citizenship," added the statement.

According to the request, Rohingya refugees have fled to neighboring nations, including as India, to avoid persecution that the UN and the International Court of Justice have labeled as genocide and a crime against humanity.

According to the report, Rohingya refugees in India are subjected to cruel treatment and limitations and are legally classified as "illegal immigrants" despite their history of persecution and prejudice.

"These include arbitrary arrests and unlawful detentions, limits on freedom of movement outside camps, limited access to education, limited or no access to basic healthcare and legal services or any formal employment opportunities," the plea said.

The report also said that even though the United Nations High Commissioner for people (UNHCR) recognized the status of hundreds of Rohingya people as refugees, including juveniles and pregnant women, they have been unjustly and permanently imprisoned in prisons and detention centers throughout India.

The request asked the Center to order the release of Rohingyas who had been unlawfully and arbitrarily incarcerated in prisons, detention facilities, or juvenile homes—either without a warrant or for violating the Foreigners Act.

Additionally, it asked the government to stop arbitrarily detaining Rohingya people on the grounds that they are illegal immigrants or that they violate the Foreigners Act.