Supreme Court junks Sri Lankan’s plea against deportation
The Supreme Court on Monday sent a strong message that India is not a “dharamshala” (shelter) for housing refugees, refusing to interfere with a high court order directing deportation of a Sri Lankan Tamil after he completed his sentence under the Unlawful Activities Prevention Act (UAPA) for being a member of the banned Liberation Tigers of Tamil Eelam (LTTE).
A bench headed by justice Dipankar Datta, said, “We are struggling with (population of) 1.4 billion. This is not a dharamshala that we can entertain foreign nationals from all over.”
The court was hearing a petition filed by Subaskaran, who completed a seven year term in 2022 and has since been at a detention camp in Tiruchirapalli pending his deportation to Sri Lanka.
His lawyers argued that his wife and children are settled in Tamil Nadu and there is threat to his life if he returns to Sri Lanka, but the bench, also comprising justice Vinod K Chandran, categorically asserted that right to reside in the country belongs only to citizens and foreigners should leave the country.
“Is India to host refugees from all over the world…What is your right to settle here? There is no violation of your Article 21 (right to life and liberty) of Constitution of India as your liberty was taken away under the due procedure established by law. As regards the fundamental right to settle in India as per Article 19(1)(e) is concerned, it is available only to citizens.”
The petitioner challenged the June 21, 2022 order of the Madras high court which confirmed the conviction under section 38(1) of UAPA which punishes a person who is associated with a terrorist organisation with an intention to further its activities.
While the trial court sentenced him to 10 years rigorous imprisonment, the high court reduced it to 7 years with a direction that he would leave the country immediately upon his release from jail.