In Writ Petition (Civil) W.P. (C) No. 000793- 2017 MOHAMMAD SALIMULLAH vs UNION OF INDIA, pending Before Hon’ble Supreme Court Of India. The Hon’ble Supreme Court Of India observed that the Rohingyas in Jammu, on whose behalf the application was filed, shall not be deported unless the procedure prescribed for such deportation is followed. The Hon’ble Supreme Court also observed that the Hon’ble Supreme Court could not comment upon the present state of affairs in Myanmar.
Recently, the Government Of Karnataka has objected to the Petition in the Supreme Court to “Identify, Detain and Deport” Rohingya within a year, saying that there is no reason to take coercive action against or immediately deport them.
The Rohingya cannot be deported at present considering the present state of affairs in Myanmar that makes it impractical for their safe return and also, their Place of Origin is doubtful because the “Identification” and “Verification” process is conducted by the UNHCR, Refugee Agency, in India. However, the Rohingya can be “Repatriated” to the Transit Country, Bangladesh.
On 09 October 2021, a Memorandum Of Understanding, hereinafter called MOU, was signed between the Government Of Bangladesh and UNHCR. The Government Of Bangladesh has made an extensive investment in Bhasan Char Project, recalling that Bhasan Char is a temporary arrangement for the Refugees residing there until they can return to Myanmar safely, voluntarily, and dignifiedly. The objective of the MOU, as mentioned earlier, is to establish a framework of cooperation between the parties in relation to the U.N.’s overall engagement on Bhasan Char, based on Humanitarian and protection principles and the Government of Bangladesh Priorities and policies.
The Principle objectives of the above MOU inter alia are that the U.N. will operate on Bhasan Char under the overall coordination of and consultation with the Government Of Bangladesh. The Government Of Bangladesh will ensure relocation to and the stay of Refugees on Bhasan Char. The Government and the UNHCR will ensure joint registration and documentation for the refugees, etc.
The Government Of India and the Government Of Bangladesh share a strong bilateral relationship. India and Bangladesh relations today are deeper than any other strategic partnership. In the light of the above, the Government Of India may want to enter into a bilateral agreement, and the Government Of India may want to “Repatriate” the Rohingya Population living in India after Identification and Verification under the Rule of Law.
