India not a ‘Dharmshala,’ can’t host refugees from all over, go to some other country: SC rejects Sri Lankan Tamil’s plea

India is not a “dharamshala” that can entertain refugees from all over the world, the Supreme Court orally said, while refusing to interfere with the detention of a Sri Lankan Tamil national.

“Is India to host refugees from all over the world? We are struggling with 140 crore. This is not a Dharmshala that we can entertain foreign nationals from all over,” Justice Dipankar Datta observed.

The apex court was hearing a petition challenging the Madras High Court’s order, which directed that the petitioner should immediately leave India as soon as his 7-year sentence, imposed in a UAPA case, got over.

The petitioner’s counsel told the bench which also comprising Justice K Vinod Chandran, that he was a Sri Lankan Tamil, who had come here on a visa, and said that there was a threat to his life in his home country.

He pointed out that the petitioner has been under detention for nearly three years without any deportation process, Live Law reported.

Justice Datta posed the question, “What is your right to settle here?” The counsel responded by stating that the petitioner was a refugee and that his wife and children were already residing in India, reported Live Law.

Justice Datta stated that Article 21 had not been violated since the petitioner’s liberty was curtailed following due legal process. He further noted that the fundamental right to reside and settle in India under Article 19 applies exclusively to Indian citizens.

When the counsel stated that the petitioner was facing a threat to life in his country, Justice Datta said, “Go to some other country.”

This comes days after the Supreme Court had refused to interfere with the deportation of Rohingya refugees.