The Supreme Court noted orally on Monday that India was not “Dharamshala” and could not “entertain abroad from all time”. Observations of the Top Court came while refusing to interfere with the detention of Sri Lankan state state accessories.
“Is India to host refugees from all over the world? We are already fighting 140 Crore. It is not Dharamshala that we can entertain foreign nationals from anywhere,” said Judge Dipankar Datta, who led the bench.
The Supreme Court listened to the petition filed by Sri Lanka Tamil nationals and attacked the order of the High Court in Madras, which ordered him to leave the country immediately after the seven -year sentence in the case of the Unlawful Act (Prevention) (UAPA).
What was the petitioner’s argument?
The petitioner who was previously arrested for suspicion that he was a LTTE worker arrived in India for a visa. His Council claimed that returning to Sri Lanka would endanger his life and pointed out that he had spent almost three years in custody without any progress in deportation.
But the bench – also including justice K. Vinod Chandran – was immobile. “What is your right to settle here?” The justice of Datta asked which the council repeated that the petitioner was a refugee and that his wife and children were settled here in India, the Living Law said.
Data of cases back to 2015
The petitioner’s case returns to 2015, when he and two more were arrested by the Tamil over Q branch for suspicion that they would be LTTE workers. In 2018 he was convicted according to Section 10 of UAP and sentenced to ten years in prison. The Madras High Court later reduced the sentence to seven years in 2022, but ordered to be sent to the refugee camp until its deportation.
The petitioner also claimed that since he fought in the Sri Lankan War in 2009 as a former member of LTTE, he has been in the island nation on a black list. So if he is sent back, he will face arrest and torture. He also said that his wife was sick of several diseases and his son suffered from congenital heart disease.
Liberated Tigers Tamil Eelam (Ltte), also known as Tamil Tigers, was a Tamil militant organization that fought to create an independent Tamil state called Tamil Eelam in the northeast of Sri Lanka.
What did the Supreme Court said?
The justice of Datta stressed that there was no violation of Article 21 of the Constitution, because the detention of the petitioner was in line with the proper legal procedure. He also explained that the right to stay and settle in India, according to Article 19, is reserved for citizens only.
When the consultant again raised concerns about the petitioner’s security, if he was deported to Sri Lanka, the judge was honest: “Then go to another country,” under Living Law.
(Tagstotranslate) Supreme Court of India is not dharamshala
