A bench comprising Justice Dipankar Datta and Justice K Vinod Chandran was hearing a plea by a Sri Lankan citizen, who was arrested in 2015 on suspicion of having connections to the LTTE, a terrorist organisation once active in Sri Lanka.
The Supreme Court on Monday refused a Sri Lankan national’s petition for refuge and said that India is not a dharamshala (free shelter) that can entertain refugees from all across the world. A bench comprising Justice Dipankar Datta and Justice K Vinod Chandran was hearing a plea by a Sri Lankan citizen, who was arrested in 2015 on suspicion of having connections to the Liberation Tigers of Tamil Eelam (LTTE), a terrorist organisation once active in Sri Lanka.
In 2018, a trial court found him guilty under the Unlawful Activities (Prevention) Act and handed him a 10-year prison sentence. However, in 2022, the Madras High Court reduced his sentence to seven years, while directing that he must leave the country immediately after completing his term and reside in a refugee camp until his deportation.
“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,” Justice Datta observed.
Sri Lankan man was under detention for three years
Claiming that his life was in danger in his home country, the Sri Lankan man told the Supreme Court that he had initially entered India on a valid visa. He said that was under detention for nearly three years and that his deportation process has not yet started.
He also said that he has a wife and children who are living in India. The petitioner’s lawyer presented arguments based on Article 21 of the Constitution, which ensures the protection of life and personal liberty, and Article 19, which guarantees fundamental rights such as freedom of speech and movement.
However, Justice Datta noted that the petitioner’s detention did not breach Article 21 since it was carried out in accordance with the law. The bench further clarified that Article 19 rights are reserved for Indian citizens, questioning, “What is your right to settle here?” In response to the counsel’s plea that the petitioner was a refugee facing life threats in Sri Lanka, the court suggested that he seek asylum in another country.
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