Mohammad Salimullah and Another v Union of India and Others, AIR 2021 SC 1789
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What was at stake
Interim application seeking release of detained Rohingya refugees in Jammu and protection from deportation to Myanmar.
What happened
The case involved Rohingya refugees who were detained in Jammu, India, facing the threat of deportation back to Myanmar, where they could face persecution. The petitioners sought immediate release from detention and protection against deportation, highlighting the risks to their safety and well-being if returned to their home country.
What the court decided
The Supreme Court refused interim relief but stated that Rohingya persons covered by the application should not be deported unless the procedure prescribed for deportation is followed. The order is a restrictive counterpoint to the protective High Court non-refoulement line.
How the court got there
The Supreme Court's decision was based on the need to ensure that the legal procedures for deportation were strictly followed, emphasizing the importance of due process. The court acknowledged the risks faced by the Rohingya refugees but ultimately decided not to grant interim relief, thereby balancing the state's interests in immigration control with the rights of the individuals involved.
Statutes and cases cited
- § Refugee Convention art. 33
- Plaintiff M70/2011 v Minister
Categories
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