The seven Rohingya men to be deported sit as Indian and Myanmar security officials exchange documents before their deportation on India-Myanmar border at Moreh in the northeastern state of Manipur, India, October 4, 2018.
Issue direction to officials of prison at Silchar Central jail in Assam and Union Home Ministry to "allow and facilitate the detenues in question as a well as other detenues on other prisons in Assam to approach the UNHCR in New Delhi to determine/ascertain if they are in need of worldwide protection as refugees within its mandate and for grant of refugee identification cards", it said.
Bhaskar Jyoti Mahanta, a senior police officer from Assam state said the police were not taking the Rohingya's ethnic or religious background into consideration when deporting them.
The plea, therefore, was dismissed by CJI Gogoi's Bench on these grounds.
The move comes after a Rohingya refugee sought to restrain the Central govt from deporting the refugees who completed their jail term in Assam.
"In accordance with established procedures and previous precedent, and with the assistance of the ministry of external affairs, the embassy of the Union of Myanmar was able to establish the identity of these individuals as residents of that country", the ministry said.
"Seven individuals from Rakhine State in Myanmar had been detained in 2012 for violation of the Foreigners Act".
This is for the first time Rohingya immigrants were sent back to Myanmar from India.
Almost 200 Rohingya are known to be detained in India on charges of illegal entry, Achiume said.
Legal efforts to stymie their deportation failed when the Supreme Court on Thursday rejected a petition on their behalf and upheld their status as illegal immigrants. In the plea filed, he said that the Supreme Court must realise the responsibility it has to protect the right to life for Rohingyas. It had also asked state governments to identify and deport them. This is the first deportation of Rohingya immigrants from India to Myanmar.
UN Special Rapporteur on racism, Tendayi Achiume, said in a statement, "The Indian Government has an global legal obligation to fully acknowledge the institutionalised discrimination, persecution, hate and gross human rights violations these people have faced in their country of origin and provide them the necessary protection".
A United Nations report in August accused the Myanmar military of committing mass killings and rapes on the Rohingya with "genocidal intent" a year ago in an operation that forced more than 700,000 of them to flee to neighbouring Bangladesh.
Bhushan's argument in the case pertained to the fact that Rohingyas are recognised by the United Nations agencies as a Stateless people and are known to have fled from Myanmar due to fear from persecution.