Supreme Court, Rohingya refugees 
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You want to roll out red carpet for illegal immigrants? Supreme Court in plea on 'missing' Rohingyas

"We have a sensitive border on the north India side, we hope you are aware of what is happening inside the country..." CJI Kant said.

Debayan Roy

The Supreme Court on Tuesday questioned how far the law should be stretched to accommodate those who illegally immigrate to India, while hearing a petition concerning the alleged disappearance of five Rohingya immigrants who were earlier detained by the authorities.

A Bench led by Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi noted that India was a country that has sensitive border issues.

CJI Kant went on to question whether immigrants should be given access to the country's resources at the cost of the needs of Indian citizens.

"We have sensitive border 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," said CJI Kant.

CJI Surya Kant and Justice Joymalya Bagchi

The petitioner before the Court told the Court today that what was being challenged was the disappearance of the immigrants from custody and not their possible deportation out of India.

The Bench, meanwhile, questioned if there was any basis to show that these persons are "refugees."

The CJI added,

"If somebody is an intruder...do we have an obligation to keep them inside?

"But we cannot traffic them out," argued the petitioner's counsel.

Solicitor General of India (SG) Tushar Mehta contended that the petition has been filed by someone who has no standing to do so.

"A PIL petitioner who has nothing to do with Rohingyas is asking these prayers," SG Mehta said.

The Court eventually decided to hear the matter further on December 16.

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