The Supreme Court of India recently declined to interfere with the order of detention and deportation for a Sri Lankan Tamil national who has been convicted under the Unlawful Activities (Prevention) Act (UAPA). The Apex Court upheld the directive by the Madras High Court regarding immediate removal of Sri Lankan national from Indian territory after he has completed his sentence.
A Division Bench comprising Justices Dipankar Datta and K Vinod Chandran heard the appeal where petitioner applied for protection from deportation based on humanitarian grounds, as his life was at threat in Sri Lanka, also his lived being based in India. The Bench, on the other hand followed a strict constitutional approach, mentioning the limitations of fundamental rights for non-citizens.
Justice Datta: “India Is Not a Dharamshala”
- During oral arguments, Justice Datta pointed out: “Is India to host refugees from all over the world? We are struggling with a population of 140 crore. This is not a dharamshala that we can entertain foreign nationals from everywhere.”
- The Court opined that there had been no violation of Article 21 of the Constitution—protection of life and personal liberty, as the detention of the petitioner was as per due legal process. Justice Datta further pointed out that right to reside and settle in India provided under Article 19 is a constitutional right exclusively for Indian citizens.
Background of the Case:-
- The petitioner, a Sri Lankan Tamil national and two others, got arrested in the year 2015 by the Q Branch of the Tamil Nadu Police, based on the suspicions of them being involved with the Liberation Tigers of Tamil Eelam (LTTE).
- The petitioner was convicted by Trial Court in the year 2018 under Section 10 of the UAPA and was sentenced to an imprisonment of 10 years. In the year 2022, the sentence was reduced to 7 years imprisonment by the Madras High Court but it was further directed by the High Court, that the petitioner must be held in a refugee camp until he has been deported and should be immediately departed from India after his punishment has been completed.
Argument by the Petitioner:-
The Petitioner submitted that:-
- He had entered India on a valid visa.
- The petitioner had spent an additional three years in detention after his sentence was completed without the deportation proceedings being completed.
- The petitioner told the Court that he has been blacklisted in Sri Lanka due to his association with the LTTE in the past and is afraid that he will be arrested and tortured if was repatriated.
- The petitioner told the Court that his wife who is suffering healthwise and his children, with his son suffering from a congenital heart disease, are settled in India.
The counsel for the petitioner thus, on the basis of humanitarian grounds urged the Court to consider his plea and allow him to stay in India.
Decision of the Supreme Court:-
- The argument that prolonged detention of the petitioner without deporting him, is a justified reason to allow him a permanent stay in the country was denied by the Apex Court. On the other hand, the argument highlighted the limited constitutional protections provided to foreign nationals according to the Indian law.
- The Bench for the most part remained unsympathetic towards the arguments presented by the petitioner, when the counsel raised concerns regarding the safety of the petitioner in Sri Lanka, Justice Datta responded bluntly: “Then go to some other country.”
Legal Significance of the Decision:-
A few constitutional principles have been highlighted in the case-
- Article 21 is applied to all persons, however the protection under the article does not provide immunity against lawful detention.
- Article 19(1)(e) and (g)- right to reside and settle in the country is reserved for Indian citizens exclusively.
- The Supreme Court established that the refugee status or concerns based on humanitarian ground cannot override statutory and constitutional limits established on the rights provided to non-citizens.
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