Responding to a batch of petitions challenging the crackdown and deportation of stateless Rohingya refugees in New Delhi, the Supreme Court said that if they are found to be foreigners under Indian law, they must be deported.
A Bench of Justices Surya Kant, Dipankar Datta and N Kotiswar Singh made the comments on Thursday, referring to the top court’s previous order and remarked that the identity cards issued by the United Nations High Commissioner for Refugees (UNHCR) may not be of any help to them, Bar and Bench reported.
On 06 and 07 May, at least 69 stateless Rohingya refugees were detained by the Delhi Police from Madanpur Khadar, Shram Vihar, Budella and Vikaspuri, Delhi, under the pretext of collecting biometric data.
According to a petition, accessed by Maktoob, all of the refugees detained are registered with the UNHCR, India and their personal details including biometrics are already available with the local police stations and the FRRO/FRO, Delhi.
“Among those taken to the police station were women, pregnant women, children, persons suffering from cancer and heart diseases who were held there until 2:00 AM. According to the community members, while some individuals were subsequently released around 2:00 AM on 7.5.2025, approximately 42 Rohingya refugees still remain in police custody at Vikaspuri Police station. It is pertinent to mention that 21 Rohingya refugees including women, children and elderly duly registered with UNHCR India, have been transferred to Inderlok Detention Centre without any detention order, reasons or explanation.”
“If they are foreigners as per the Foreigners Act, then they have to be deported, “Justice Datta said.
“They were with children and family. We have affidavits ready. This is shocking,” Senior Advocate Colin Gonsalves, appearing for some Rohingya refugees, told the court.
Gonsalves and Advocate Prashant Bhushan informed the Court that last night, some of the refugees who had UNHCR cards were taken by police and deported. Bhushan reminded that Myanmar is not accepting them, as they are stateless citizens.
He added that the Supreme Court’s earlier order, which says the UNHCR card is of no help to these refugees, is an interim order. However, the bench maintained that, given its earlier order of April 2021, no further interim directions are required.
In April 2021, the apex court refused to give any relief against the deportation of Rohingya refugees settled in Jammu & Kashmir.
Families of Rohingyas told Maktoob that they have no information about the detainees.
One of the petitions, filed by Advocate Fazal Abdali, stated that the detainees, including women and children, are not even given any food or are not allowed to get any food from outside.
“Even the detainees with newborn children are not being provided with food, water or milk at the Inderlok Detention Centre, Delhi. In addition to this, those who were suffering from serious illnesses like heart disease or cancer, are not being given access to medical facilities,” it added.
