NEW DELHI: A Myanmar citizen, who was caught by the Assam Rifles in 2012 while crossing the international border and served six months' imprisonment under the Foreigners Act, has continued to languish in jail and a detention centre in Manipur without being deported. The Supreme Court has now decided to examine his plea for release and has sought a response from the Centre.
SC seeks government’s response on detention of Myanmar man
The foreign national , who filed the petition through his advocate Gautam Jha, told the apex court that his identity had been verified by the Myanmarese authorities which was duly informed to their counterparts here. However, despite this he has been kept in the detention centre without being given any reason.
He also informed the court that he was recognised and accepted as a refugee for resettlement to Canada by the High Commission of Canada in New Delhi under the Immigration and Refugee Protection Act in 2021, and he could go there if released from detention.
Observing that if the Canadian govt has no problem in taking him then why should the Centre object to it, a bench of Justices B R Gavai and K V Viswanathan sought the Indian govt 's response.
"The perusal of page 76 of the writ petition would reveal that the High Commission of Canada has accepted the present petitioner as a refugee for resettlement to Canada. We request Aishwarya Bhati, Additional Solicitor General, to take instructions as to what is the impediment for permitting the petitioner being sent to Canada, when the High Commission of Canada has approved the same," the court said.
The petitioner Abdul Rashid , suspected as Bangladeshi national, was arrested in Feb 2012 while crossing the border and criminal proceedings were initiated against him under Section 14 of the Foreigners Act. The trial court convicted him and sentenced him to six months in jail which he had already undergone at the time of conviction.
However, he continued to remain in Manipur jail . In Dec 2012, the state govt furnished his details to the ministry of external affairs for his deportation. As his deportation remained in limbo, the chief judicial magistrate had in Oct 2014 requested the state to expedite the deportation and verify the nationality of the petitioner with Myanmarese authorities after noting that his incarceration was beyond his term of imprisonment.
With no progress in his case, Rashid approached Manipur High Court which had on Oct 24, 2016 directed that he be shifted out of jail and kept in a detention centre. As per the petitioner, Myanmarese authorities in 2022 verified his identity and told so to the Indian govt but he was still kept in detention centre for no reason disclosed to him.
"The rights guaranteed under Articles 14, 21 and 22 are available to all persons who may or may not be citizens. The case of the petitioner must be treated at par with any other citizens in India. The law enforcement agencies should have ensured - legality, proportionality, and necessity for such unlawful detention. Insufficient guarantees in law to protect against arbitrary detention could call into question legal validity of any detention," he said.
SC seeks government’s response on detention of Myanmar man
The foreign national , who filed the petition through his advocate Gautam Jha, told the apex court that his identity had been verified by the Myanmarese authorities which was duly informed to their counterparts here. However, despite this he has been kept in the detention centre without being given any reason.
He also informed the court that he was recognised and accepted as a refugee for resettlement to Canada by the High Commission of Canada in New Delhi under the Immigration and Refugee Protection Act in 2021, and he could go there if released from detention.
Observing that if the Canadian govt has no problem in taking him then why should the Centre object to it, a bench of Justices B R Gavai and K V Viswanathan sought the Indian govt 's response.
"The perusal of page 76 of the writ petition would reveal that the High Commission of Canada has accepted the present petitioner as a refugee for resettlement to Canada. We request Aishwarya Bhati, Additional Solicitor General, to take instructions as to what is the impediment for permitting the petitioner being sent to Canada, when the High Commission of Canada has approved the same," the court said.
The petitioner Abdul Rashid , suspected as Bangladeshi national, was arrested in Feb 2012 while crossing the border and criminal proceedings were initiated against him under Section 14 of the Foreigners Act. The trial court convicted him and sentenced him to six months in jail which he had already undergone at the time of conviction.
However, he continued to remain in Manipur jail . In Dec 2012, the state govt furnished his details to the ministry of external affairs for his deportation. As his deportation remained in limbo, the chief judicial magistrate had in Oct 2014 requested the state to expedite the deportation and verify the nationality of the petitioner with Myanmarese authorities after noting that his incarceration was beyond his term of imprisonment.
With no progress in his case, Rashid approached Manipur High Court which had on Oct 24, 2016 directed that he be shifted out of jail and kept in a detention centre. As per the petitioner, Myanmarese authorities in 2022 verified his identity and told so to the Indian govt but he was still kept in detention centre for no reason disclosed to him.
"The rights guaranteed under Articles 14, 21 and 22 are available to all persons who may or may not be citizens. The case of the petitioner must be treated at par with any other citizens in India. The law enforcement agencies should have ensured - legality, proportionality, and necessity for such unlawful detention. Insufficient guarantees in law to protect against arbitrary detention could call into question legal validity of any detention," he said.
