Rejecting a Sri Lankan national's plea challenging his deportation after serving a jail term, the Supreme Court on Monday asserted that India is not a 'dharamshala' which can host refugees from across the globe.
"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", a bench comprising Justices Dipankar Datta and K Vinod Chandran said, as per Live Law.
What Was The Plea All About?
Citing a threat to his life upon return to his country, a Sri Lankan Tamil citizen had reportedly sought protection from deportation. The bench was reportedly hearing a petition challenging the Madras High Court's order.
The high court directed that the petitioner, who was convicted under the Unlawful Activities (Prevention) Act, should immediately leave India as soon as his 7-year sentence got over.
What All Did SC Say?
During Monday's hearing, the Sri Lankan petitioner's counsel argued that he had been under detention for nearly three years post-sentence, without any initiation of deportation proceedings.
He also added that the petitioner, who entered India on a visa, faced a serious threat to his life if sent back to Sri Lanka.
"What is your right to settle here?" Justice Datta asked while the counsel reiterated that the petitioner was a refugee and that his wife and children were settled here in India.
According to Live Law, Justice Datta further asserted that there was no violation of Article 21 as the petitioner's liberty was taken away in accordance with the procedure established under law. The fundamental right to settle in India as per Article 19 is available only to citizens, Justice Datta added.
About The Sri Lankan Petitioner
As per a report by Live Law, back in 2015, the petitioner, along with two others, were arrested by the Q Branch on suspicion of being LTTE operatives.
Later, in 2018, the petitioner was convicted by the trial court for the offence under Section 10 of the UAPA and was sentenced to 10 years' imprisonment which was reduced to 7 years in 2022 . However, the court at that time directed that he should leave India immediately after his sentence.
The petitioner said that Sri Lanka has black-gazetted him as he had fought in the Sri Lankan war in 2009 as a former member of the LTTE. Therefore, if he is sent back there, he will face arrest and torture.
He also said that his wife was ailing from several diseases and his son was suffering from a congenital heart disease.
The petitioner was represented by Advocates R. Sudhakaran, S. Prabu Ramasubramanian and Vairawan AS AOR.
