SC Rebukes Repeated PILs on Rohingya Deportation, Demands Concrete Evidence

New Delhi: The Supreme Court on Friday expressed strong disapproval over the repeated filing of Public Interest Litigations (PILs) challenging the deportation of Rohingya Muslims, stressing that no new factual basis had been presented since its earlier decision on May 8, 2025, which refused to grant interim relief.

Senior advocate Colin Gonsalves, representing the petitioners, submitted a fresh plea alleging that 28 Rohingya refugees were deported on the very day of the court’s last decision. He claimed the individuals were handcuffed, taken to the Andaman Islands, and later forced into Myanmar, where they now face imminent threats to their lives. According to Gonsalves, the deported individuals managed to contact their families in Delhi through fishermen who assisted them.

However, a bench comprising Justices Surya Kant and N Kotiswar Singh questioned the credibility of the claims, stating, “These are bald averments. Who is there to verify that these facts are true to your knowledge?” The court emphasized that without verifiable and credible evidence, such “fanciful” petitions could not be entertained.

On May 8, the Supreme Court had ruled against granting any interim stay on deportation. The court held that Rohingyas, as non-citizens, do not possess a legal right to reside in India. It also took note of the government’s position that India is not a signatory to the 1951 United Nations Refugee Convention, thereby limiting any international obligations regarding refugee protection.

Solicitor General Tushar Mehta had earlier contested the authority of the United Nations High Commissioner for Refugees (UNHCR) in granting refugee status to the Rohingyas and defended the government’s right to deport individuals based on national interest.

Gonsalves cited the Supreme Court’s past judgment on Chakma refugees, a UN report, and an International Court of Justice ruling to argue that the Rohingyas deserve similar protections. But the bench remained unconvinced and deferred further comment on international findings until the matter is next heard.

“We do not want to comment on the UN Report today. We will respond on July 31, when this petition, along with others on the issue, will be taken up for hearing,” the bench stated.

Gonsalves warned that the delay could lead to further deportations, noting that over 8,000 Rohingyas remain in India, with approximately 800 residing in Delhi alone.

The court concluded by reiterating that unless the petitioners provide credible and verifiable evidence, it would be difficult to reverse or modify the earlier ruling. The matter is now scheduled for hearing on July 31.

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