On Friday, the Supreme Court rejected a petition claiming 43 Rohingya refugees were forcibly pushed back from India and left adrift in the sea, calling it a "beautifully crafted story" that has no solid proof.
The bench, led by Justices Surya Kant and N Kotiswar Singh, was hearing a plea submitted by two Rohingya refugees. They alleged that their community, along with other ethnic communities in the Andaman and Nicobar Islands, were arrested by police in the name of biometric information collection and then deported through Port Blair in blindfolded and bound conditions on naval ships. Nevertheless, the court rejected any interim relief by declaring that the petition was grounded on "vague, evasive and sweeping statements" in the absence of material evidence.
Justice Kant was critical of the source of the story, stating, "Every time, you have a new story. Now (where) is this beautifully crafted story coming from? .Who was clicking the videos and photos? How did he return? What is the material on record?" He further added, "When the nation is facing such a difficult time, you raise these fantastical petitions."
Pleadings were read by senior advocate Colin Gonsalves, appearing for the petitioners, to inform the court that the United Nations Human Rights Office had also noted the allegations and initiated an inquiry. "Time is against us. Please hear this next week. The UN report says they were picked up and sent," he appealed.
When Gonsalves suggested presenting pertinent reports and a tape recording purportedly from the "Myanmar shores," the court recognized that although lawyers are allowed to introduce such evidence, it stressed that "foreign reports cannot override Indian sovereignty."
Justice Kant pointed out that the same case had previously been heard by a three-judge bench, comprising the present two judges and Justice Dipankar Datta, in hearings pertaining to Rohingya refugees. "We were hearing in three-judge bench strength. stay was rejected on same issue and now you find yourself before us here on the basis of same material," he noted.
The case was then remanded to the previous three-judge bench.
Lastly, the court consolidated the current petition with other pending cases involving Rohingya deportation and set the next hearing on July 31.
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