Rohingyas Have Terror Links With ISIS and LeT, Says Govt's Confidential Report

Saul Bowman
September 19, 2017

Moreover, since there was a “serious national security threat/concern”, the government should be allowed to exercise its essential executive function by way of a policy decision to deport the Rohingyas in the larger interest of the nation, the affidavit said.

In a bid to sort of lessen the pressure on the government in the unfold Rohingya crisis, Union Home Minister Rajnath Singh has said that the final decision will be taken by the Supreme Court.

And many experts question where India could send the Rohingya even if the deportations get Supreme Court backing.

The government, according to the News18 report, told the Supreme Court that the Rohingyas' continued presence in India would have serious national security ramifications.

He asked the present dispensation to grant Rohingya Muslims the refugee status on the lines of India granted to Tibetans, Afghans and Lankans.

Senior home ministry official Mukesh Mittal said the Indian government would privately show the court material gathered from "sensitive investigations" to substantiate the claims in its affidavit.

India is not a signatory to Convention Relating to the Status of Refugees, 1951 and Protocol Relating to the Status of Refugees, 1967, and is hence not bound by their provisions. "That the provisions of Convention Relating to the Status of Refugees, 1951 and Protocol Relating to the Status of Refugees, 1967 can not be relied upon by the petitioner since India is not a signatory of either of them".


The affidavit was filed hours after a bench headed by Chief Justice Dipak Misra considered the statement of Additional Solicitor General Tushar Mehta that the government would file its reply in the course of the day on the PIL by two Rohingyas, challenging their deportation.

The plea against deportations was filed by Mohammad Salimullah and Mohammad Shaqir, both of whom are registered with the United Nations High Commissioner for Refugees (UNHCR).

Deportation would also be in contradiction with the principle of non-refoulement that prohibits deportation of refugees to a country where they face threat to their life and has been recognized under customary worldwide law.

Rights groups have urged India to abide by its global obligations after the government said last month it had asked state authorities to identify and deport the Rohingya living in their terriory.

The government estimate puts the figure of Rohingya refugees living in India beyond 40,000 with maximum concentration in and around Jammu.

Many of those who had fled to India after the earlier spate of violence, have settled in Jammu, Hyderabad, Haryana, Uttar Pradesh, Delhi-NCR and Rajasthan.

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