Petitioner himself has criminal history: Delhi HC rejects plea alleging "illegal immigrants" at Shaheen Bagh involved in crimes

The Delhi High Court recently dismissed a plea seeking directions to deport alleged illegal migrants from Batla House, Shaheen Bagh, Majnu Ka Tila and other areas near the Yamun River back to their countries. 

Justice Purushaindra Kumar Kaurav said that the petitioner, MA Burney, had not lodged any formal complaint with the local police station regarding the alleged presence of illegal migrants, and that a police inquiry had found no evidence supporting the claims.

The petitioner also failed to furnish any list or identifying details of the persons he alleged were illegal immigrants, making verification impossible for authorities, the Court noted. 

Pertinently, the Bench also noted that Burney has a history of filing petitions that were dismissed for lack of substance. It listed six previous cases, and pointed to the petitioner's own long record of criminal cases registered against him.

“In light of the aforenoted, this Court is of the opinion that no omnibus direction can be issued requiring the respondents to identify and deport alleged illegal migrants on the basis of vague and unsubstantiated allegations, as such a course would amount to directing a fishing and roving enquiry, which is beyond the permissible scope of writ jurisdiction. Accordingly, the writ petition is found to be bereft of any merit and is dismissed. Pending application(s), if any, also stand disposed of,” the Court ordered. 

Burney approached the High Court seeking directions to "deport illegal migrants to their respective countries".

He stated that most of the migrants are from Bangladesh and Rohingyas and are illegally living along the banks of the Yamuna river near Kalindi Kunj, Batla House, Shaheen Bagh, Shram Vihar, Taimur Nagar and Majnu Ka Tila.

He alleged that they are involved in illegal activities and crimes, which pose a direct threat to the country's sovereignty. The plea also sought action against residents providing shelter to the migrants.

However, the Court reiterated that deportation of foreign nationals falls within the executive's domain, with judicial review limited to ensuring lawful procedure, and that courts cannot order a "fishing and roving enquiry" based on vague, unsubstantiated allegations.

Hence, it dismissed the plea.

Additional Standing Counsel (ASC) Rahul Tyagi appeared for the State.

Central Government Standing Counsel (CGSC) Manisha Agrawal Narain along with advocates Arnav Mittal and Nipun Jain appeared for the Union government. 

[Read Order]