Refusing a Sri Lankan Tamil’s plea for refuge in the country, a Supreme Court bench on Monday (May 19) said India is not a “dharamshala” (free shelter) to host refugees from all over the world.
“Is India to host refugees from all over the world? We are struggling with 140 crore. This is not a dharamshala that we can entertain foreign nationals from all over,” said Justice Dipankar Datta.
A bench of Justices Dipankar Datta and K Vinod Chandran was hearing a petition filed by a Sri Lankan national asking for refuge in India because he said his life was in danger in his home country.
The petitioner was arrested in 2015 on suspicion of being linked to the Liberation Tigers of Tamil Eelam (LTTE), a terrorist group in Sri Lanka. A trial court in 2018 convicted him and sentenced him to 10 years in prison under the Unlawful Activities (Prevention) Act.
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The Madras High Court in 2022 reduced his sentence to 7 years, and told him to leave India after he completed his sentence. The court told him to stay in a refugee camp till he was deported from the country.
The petitioner said his wife and children have settled down in India, and that he had come to India with a visa.
The petitioner’s lawyer argued the matter under Article 21 (protection of life and liberty) and Article 19 (fundamental rights, including freedom of life and movement).
Justice Datta in his ruling said that the petitioner’s detention does not violate Article 21 since he was taken into custody as per the law.
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The judge further pointed out that Article 19 is available only for Indian citizens. “What is your right to settle here?” the court asked the petitioner.
On being told that he was a refugee and that his life would be in danger if he returned to Sri Lanka, the court asked him to seek refuge in another country.
