New Delhi: The Supreme Court, on Tuesday, questioned whether illegal immigrants are entitled to resources meant for citizens. The Court also highlighted the fact that the country has sensitive borders.
How far should the law be stretched to accommodate those who illegally immigrate to India, the bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi wondered while hearing a petition concerning the alleged disappearance of five Rohingya immigrants who were earlier detained by the authorities.
“We have sensitive borders in the north India side and we hope you are aware of what is happening inside the country…And so you want
a red carpet for them (immigrants)…you enter through tunnel, etc. and then you are entitled to food, shelter, right to education for children etc. Do we want to stretch law like this? Are not our poor children entitled to benefits? Asking habeas corpus, etc (for the release of detained immigrants) is very fanciful,” CJI Kant observed.
The petitioner informed the Court that what was being challenged was the disappearance of the immigrants from custody and not their possible deportation out of India.
The CJI then questioned if there was any basis to show that these persons are “refugees.”
“If somebody is an intruder…do we have an obligation to keep them inside?” he wanted to know.
“But we cannot traffic them out,” the petitioner’s counsel argued.
Solicitor General Tushar Mehta contended that the petition has been filed by someone who has no standing in the matter.
“A PIL petitioner who has nothing to do with Rohingyas is asking these prayers,” he said.
The Court eventually decided to hear the matter further on December 16.