(Eds: With details of hearing)New Delhi, Oct 13 (PTI) The Supreme Court today said theRohingya refugee problem was of a "great magnitude" and thestate would have to play a "big role" in striking a balancebetween national interests and human rights while dealing withthe contentious issue.
The apex court, which decided to give a detailed and"holistic hearing" from November 21 on the government'sdecision to deport Rohingya Muslims to Myanmar, observed thata balance has to be struck between national interest and humanrights as the issue involved national security, economicinterests and humanity.
A bench headed by Chief Justice Dipak Misra suggested tothe Centre not to deport the Rohingya refugees, but AdditionalSolicitor General (ASG) Tushar Mehta requested that it shouldnot be written in the order as anything coming on record wouldhave international ramifications.
The top court, however, made it clear that in case anycontingency arose during the intervening period, thepetitioners have the liberty to approach it for redressal.
"It is a large issue. A issue of great magnitude.
Therefore, the state has a big role. The role of the state insuch a situation has to be multipronged," the bench, alsocomprising Justices A M Khanwilkar and D Y Chandrachud, said.
Senior advocate Fali S Nariman, representing thepetitioner, said all Rohingyas, be they Muslims or Hindus, arenot terrorists and the government cannot pass a "blanketorder" like this.
The bench said there cannot be an "iota of doubt" thathumanitarian issue is involved, but it also has to keep inmind the national interest.
"Children and women do not know anything about it. As aconstitutional court, we cannot be oblivious to it. We expectthat the executive will not be oblivious to it," the benchsaid and told the government: "Do not deport. You take actionif something wrong is found".
However, ASG Mehta urged the bench that it should not bewritten in the court's order as it would have internationalramifications.
"There are international ramifications. As an executive,we understand our role in this. If any contigency will arrise,they (petitioners) can come," Mehta said, adding "We aresensitive to it .... We know our responsibility.""We also understand the problem. The question is how tostrike a balance," the bench said and added that it was an"extraordinary case".
The bench also made it clear that there was a need for aholistic hearing and it would neither be swayed by thearguments of Nariman, nor by of any other senior counsel andthe submissions would have to go by the letter of the law.
"We will not permit any emotional arguments," it said.
At the outset, Nariman argued about the rights of theRohingyas and said no person can be deprived of the libertygranted under the Constitution and other statutes.
He referred to the Union Home Ministry's order and saidthough it says that the Myanmar issue might aggravate thesecurity challenge, it does not say that all Rohingyas areterrorists.
Observing that Minister of State for Home Kiren Rijijuhas given a statement about government's decision to deportall Rohingyas from India, Nariman said "such an order oughtnot have been passed. This is the essence of the whole case."He also claimed the government said something abroad, butwithin the country, it changes its stance and has passed a"blanket order".
Nariman said he has no objection to government agenciesgoing against terrorist elements among the Rohingyas but hisclient was not a terrorist and there was no such allegation.
Referring to the statutes, he said the point was notabout the question of justiciability as when fundamentalrights were envoked, one may be either right or wrong.
During the hearing, the bench observed that aspects ofnational security, economic interests, labour interests asalso protection of children, women, sick and innocent personswould come up while dealing with the matter.
The top court also said that "constitutional ethos makesus lean sympatheticallytowards humanitarian issues."The Rohingyas, who fled to India after violence in theWestern Rakhine State of Myanmar, have settled in Jammu,Hyderabad, Haryana, Uttar Pradesh, Delhi-NCR and Rajasthan.
In a communication to all states, the union home ministryhad said the rise of terrorism in last few decades has becomea serious concern for most nations as illegal migrants areprone to getting recruited by terrorist organisations.
It had directed the state governments to set up a taskforce at district level to identify and deport illegally-staying foreign nationals. PTI ABA MNL RKSARC.
This is unedited, unformatted feed from the Press Trust of India wire.