Supreme Court demands proof for claim that Rohingya refugees were thrown to sea by Indian govt

The Supreme Court expressed reservations about whether it should entertain a claim that the Indian government has been forcibly deporting Rohingya refugees from India by abandoning them in international waters [Mohammad Ismail and anr v. Union Of India]..A Bench of Justices Surya Kant and NK Singh was hearing a plea filed by two Rohingya refugees who made the claim and sought the top court's intervention. The Court, however, was not inclined to interfere without solid proof. "Every time, you have a new story. Now (where) is this beautifully crafted story coming from? ...Who was clicking the videos and photos? How did he come back? What is the material on record?" Justice Kant said. Possibly referring to the Pahalgam terror attack of April 22 and its aftermath, the judge added, "When the country is going through such a tough time, you bring up these fanciful petitions.".Every time, you have a new story...Country is going through such a tough time, you bring up these fanciful petitions.Supreme Court.Senior Advocate Colin Gonsalves replied that the petitioners have received phone calls informing him about the alleged incidents. There were also credible news reports, he added. "They were taken to Andamans and then were put in the sea with life jackets...there was call made from Myanmar...He (petitioner) is in Delhi and he has been told on phone...we have translation of phone call also. Please see the foreign media reports...it says credible reports."Gonsalves urged the Court to direct a probe. The Court, however, was not impressed. "Show us who has verified these calls and who has personally knowledge of all this. Unless someone is standing and watching it, how can you vouch for this? Unless petitioner has in real time seen this...Place these reports on record...We will see...all these people who are sitting outside cannot challenge our sovereignty and our authority," it said. .Gonsalves, meanwhile, urged the Court to factor in that Rohingya refugees should be protected. "Please see what the International Court of Justice has said about the Rohingyas and why Rohingyas cannot be returned...Migrants can be sent back, but not Rohingyas," he said.The Court maintained that it can only intervene if there is credible material to back the allegations made by the petitioners. "This issue arose in some other country...We don't know what material was before them. Of course, if there is material, we can also order on human rights issues...We are saying, get material on record. Every day you cannot keep collecting from social media and file petitions," Justice Kant said. "I am saying, can you take them and put in warzone? We are in direct touch with Rohingyas," Gonsalves persisted. .Justice Kant then pointed out that a similar issue was raised earlier before a three-judge Bench comprising the two judges hearing this case and Justice Dipankar Datta, while it was hearing other matters concerning Rohingya refugees. Justice Kant questioned why similar allegations were being re-agitated now. The judge also questioned if this was a form of forum shopping, since Justice Datta was not part of the Bench today. "We were sitting in three-judge bench composition...stay was declined on same matter and now you are before us here on the basis of same material," Justice Kant said. .If they are foreigners, they have to be deported: Supreme Court in Rohingya case.The Court eventually listed the matter before the earlier three-judge Bench. In its order today, it also recorded its concerns that the allegations made by the petitioners were vague. "There is no material in support of the vague, evasive and sweeping statements made in the writ petition. Unless the allegations are supported with some prima facie material it is difficult for us to sit over the interim order passed by a larger bench. Let these applications be also listed before three judges bench and be taken up on July 31. Let the paper book be submitted to the Attorney General," the Court ordered. .As the hearing drew to a close, Gonsalves added, "Please glance the UN report..,it says that they (Rohingyas) were picked up.""We will give a report to the UN when the time is correct," Justice Kant retorted. "We only seek protection," Gonsalves added. "That we cannot. Direction sought is declined," Justice Kant informed. The Court will hear the matter next on May 31..[Read Live Coverage]