New Delhi: In a landmark decision, the Supreme Court declined to interfere with the order of deportation of a Sri Lankan national who happens to be a Tamil.
The petitioner was an LTTE operative and was arrested in Tamil Nadu in 2015 along with two others. He was then sentenced to 10 years. In 2022, the Madras High Court reduced his sentence to seven years but ordered his immediate removal from the country post-release.
In his petition before the Supreme Court, he submitted that he had fought for the LTTE in Sri Lanka in 2009 and was ‘black-gazetted’ in that country. His return there now would mean arrest and torture. He also claimed that his wife suffers from several illnesses and his son was born with a congenital heart ailment.
After hearing the petition, Justice Dipankar Datta, who was presiding over the bench observed: “Is India to host refugees from all over the world? We are struggling with 140 crore. This is not a Dharamshala that we can entertain foreign nationals from all over.”
The bench also comprised Justice K Vinod Chandran.
The petitioner’s counsel argued that his client came to India on a visa and faced a serious threat to his life if deported back to Sri Lanka. He also pointed out that the petitioner had remained in detention for nearly three years without any initiation of deportation proceedings. The counsel further stated that the petitioner’s wife and children were settled in India.
In response, Justice Datta asked: “What is your right to settle here?” He emphasised that the right to settle in India under Article 19 is reserved for Indian citizens only. He further said that there was no violation of Article 21 in the case, as the petitioner’s liberty had been curtailed according to the procedure established by law.
When the counsel reiterated that the petitioner faced a threat to his life in Sri Lanka, Justice Datta responded, “Go to some other country.”
This comes in the backdrop of the Supreme Court’s recent refusal to halt the deportation of Rohingya refugees.
