Justice Surya Kant of the Supreme Court recently criticised a United Nations agency for issuing Refugee Cards to immigrants in India, remarking, “They have opened a showroom here and are issuing certificates.” The observation came during a hearing before a bench comprising Justices Surya Kant and Joymalya Bagchi, which was examining the petition of a Sudanese national who has been residing in India since 2013. The petitioner, who has two children, including a 40-day-old infant, claimed that his wife and child have been issued Refugee Cards. He is currently seeking asylum in Australia and approached the Supreme Court requesting interim protection.
Representing the petitioner, Senior Advocate S Muralidhar argued that individuals issued Refugee Cards by the United Nations High Commissioner for Refugees (UNHCR) occupy a distinct legal position. He noted that such individuals are also treated differently by the Ministry of Home Affairs and the Foreigners’ Registration Office. In response, Justice Surya Kant remarked, “They [the UN agency] have opened a showroom here; they are issuing certificates to… we don’t want to comment on them.”
At this stage, Senior Advocate S Muralidhar submitted that Refugee Cards are issued only after a thorough verification process, which typically takes a couple of years. “There are documents and forms that indicate some weight is given to this refugee status,” he stated. In response, Justice Joymalya Bagchi pointed out that India has not ratified the relevant international treaty, the Refugee Convention, governing refugee rights. “In municipal law, there really is no legal right,” the judge observed.
Muralidhar acknowledged the legal position but highlighted a recent concerning development, stating that over the past two months, there has been a sudden crackdown in Delhi, with Africans being randomly detained. “This is the real apprehension and fear… we are awaiting asylum status from Australia, and suddenly we are told…,” he said.
In response, Justice Bagchi asked why the petitioner had not yet relocated to Australia. Muralidhar explained that the petitioner intends to do so, but in the interim, he is seeking some form of protection. However, the bench remained hesitant to grant interim relief. Justice Surya Kant remarked, “We have to be very, very careful… lakhs and lakhs are sitting here… if somebody makes an effort to…”
Upon being informed by Muralidhar that the National Human Rights Commission (NHRC) had taken cognisance of the petitioner’s case, the bench disposed of the petition, granting the petitioner liberty to approach the Commission for “any further direction,” including a request for protection against coercive action.
It is relevant to note that in a separate case heard in May concerning the deportation and living conditions of Rohingya refugees, Justice Dipankar Datta had similarly observed that refugees in India cannot seek relief solely on the basis of UNHCR-issued cards.
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