India not a signatory, UNHCR card not valid here, says court
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THANE: Additional sessions judge G T Pawar on Monday sentenced eight Rohingya Muslims to two years of simple imprisonment and fined Rs 10,000 each for illegally entering and residing in India without proper documentation.
The court also ordered their deportation to Myanmar upon completion of their sentence. A ninth accused, who was charged with abetting their illegal entry, was acquitted due to a lack of evidence.
The case dates back to Feb 2024, when the police received a tip-off about some foreign nationals living near the Uttan shore. During a raid at Chowkgaon, police found several individuals attempting to flee. Upon detention, they were found carrying UNHCR cards that confirmed their Myanmar citizenship.
However, the court clarified that such cards hold no legal value in India, as the country is not a signatory to the 1951 Refugee Convention or its 1967 Protocol.
Letters from the Foreigners Regional Registration Office and police authorities further confirmed that holders of UNHCR cards are not permitted to reside in India.
Judge Pawar cited SC's ruling in Mohammad Salimullah vs Union of India (2021), which allowed for the deportation of Rohingya Muslims following due procedure.
by Taboola
by Taboola
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The court also referred to past judgments stating that the burden of proving citizenship lies on the accused. During sentencing, the accused appealed for mercy on humanitarian grounds, stating that conditions in Myanmar were unsafe. However, the court rejected the plea, noting that India's population burden and internal security concerns override such considerations.
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